NAGAR MAHAPALIKA GORAKHPUR Vs. PARASNATH JI TRUST

JUDGEMENT

(1.) S. U. Khan, J. In spite of sufficient service, no one appeared on behalf of the opposite party at the time of hearing, hence, only the arguments of learned Counsel for the applicants were heard in both the revisions.

(2.) REVISIONS are withdrawn/treated to be withdrawn to this Court under Section 24 C. P. C.

(3.) AS far as limitation is concerned, it has got two dimensions; one is limitation to file application under Section 8 Arbitration Act, 1940. Limitation for the said purpose is three years, under misc. article (Article 137) of the Schedule to Limitation Act, 1963. It has been held in different authorities including the following that the aforesaid limitation of three years starts from the date on which period of notice asking for initiation of arbitration proceeding before the arbitrator expires. (1) M. Mandal SSK Limited v. New India ASsurance Company Limited, 2001 ACJ 847 (2) Utkal CCC v. CC Fields, AIR 1999 SC 801.