DEBANGSHU DAM Vs. EAST WEST RESCUE PRIVATE LIMITED

JUDGEMENT

(1.) This is an application under Section 14(2) of the Limitation Act 1963, whereby the petitioner seeks to exclude the time taken for prosecuting the present proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 originally instituted in the High Court of Shimla on 29.11.2003 and decided on 16.6.2008.

(2.) By the order dated 16.6.08, the High Court of Shimla has, inter-alia, held as under:

(3.) In my opinion, the petitioner must succeed in this application inasmuch as it is not that the Courts at Shimla had no jurisdiction at all, the judgment of the High Court of Shimla dated 16.6.08 in Arbitration Case No. 71/2003 holds that it had jurisdiction. It cannot therefore be said that the petitioner did not bona fidely institute and prosecute the proceedings in the Court at Shimla. I also feel that it is no longer open to the respondent to challenge the grant of the benefit of Section 14(2) of the Limitation Act inasmuch as the High Court of Shimla by the order dated 16.6.08 had held as under: