GULBARGA UNIVERSITY versus MALLIKARJUN S. KODAGALI AND ANR.

GULBARGA UNIVERSITY versus MALLIKARJUN S. KODAGALI AND ANR.

Section 14 of Limitation Act, 1963 applies to proceedings under Section 34 of Arbitration and Conciliation Act, 1996; the period spent prosecuting remedy before a wrong forum may be excluded for limitation, subject to determination by Principal Civil Court.

Parties
Appellant: Gulbarga University; Respondent: Mallikarjun S. Kodagali; Respondent: Anr.
Jurisdiction
India
Judgment Date
01 August 2008
Procedural Posture
Civil Appeal / Supreme Court on Appeal From High Court Judgment in Misc. First Appeal No. 717 of 2004
Outcome
Appeal allowed, High Court judgment set aside, matter remitted to Principal Civil Court for fresh consideration
Legal Topics
Applicability of Limitation Act to Arbitration Proceedings, Exclusion of Period Spent in Wrong Forum Under Limitation Act
Arbitration Limitation Law Applicability of Limitation Act to Arbitration Proceedings Exclusion of Period Spent in Wrong Forum Under Limitation Act

Case Brief

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Parties

Gulbarga University

Appellant

Mallikarjun S. Kodagali

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court on Appeal From High Court Judgment in Misc. First Appeal No. 717 of 2004

Legal Issues

  1. 1 Whether Section 14 of Limitation Act, 1963 applies to proceedings under Section 34 of Arbitration and Conciliation Act, 1996
  2. 2 Whether the period spent in filing application under Section 34 before wrong forum can be excluded for limitation

Ratio Decidendi

Section 14 of Limitation Act, 1963 applies to proceedings under Section 34 of Arbitration and Conciliation Act, 1996; the period spent prosecuting remedy before a wrong forum may be excluded for limitation, subject to determination by Principal Civil Court.

Court Disposition

Appeal allowed, High Court judgment set aside, matter remitted to Principal Civil Court for fresh consideration

Orders

  • Matter remitted to Principal Civil Court
  • Principal Civil Court to consider exclusion of period spent in wrong forum under Section 14 Limitation Act