linyungang zhongfu lianzhong composites group co ltd another vs mtibwa sugar estates ltd 2024 tzhccomd 31 15 march 2024
The application for registration and enforcement of the foreign arbitral award was filed after the expiry of the six-month limitation period prescribed by law. Withdrawal of the earlier application with liberty to refile did not stop the limitation period from running, as per Order XXIII Rule 2 of the Civil Procedure Code. Section 21(2) of the Law of Limitation Act does not apply because the withdrawal was not due to a defect of jurisdiction or similar cause. Therefore, the application is time-barred and must be dismissed.
Source excerpt
- Enforcement of foreign arbitral awards
- Limitation period for registration of arbitral awards
- Withdrawal and refiling of applications
- Interpretation of limitation statutes