SIDDHIVINAYAK REALTIES PVT. LTD Vs. V.HOTELS LIMITED

JUDGEMENT

(1.) This Notice of Motion has been taken out by original Defendant No.1 for a summary judgment of dismissal of the Commercial Suit under Order XIII-A of the amended Civil Procedure Code, 1908 on the ground of bar of limitation.

(2.) The motion raises an important question concerning interpretation of sub-section (4) of Section 43 of the Arbitration and Conciliation Act, 1996 ("Act"), which provides for exclusion of the period between the commencement of arbitration and the date of the order of the court setting aside an arbitral award, for computing limitation period for commencement of proceedings (including arbitration) with respect to the dispute submitted to arbitration. According to the Applicant/Defendant, the expression "the order of the court" in Section 43(4) implies the first order of the original or the appellate court, as the case may be, setting aside the arbitral award, whereas, according to the Respondent/Plaintiff, it is the final order in a challenge petition setting aside an arbitral award or confirming such setting aside of the award, as the case may be.

(3.) The facts of the case, so far as they are relevant for the purpose of deciding this controversy, may be briefly stated as follows :