Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
[Arbitration] Referral Court Should Limit Enquiry To Whether Plea Has Been Filed Within Limitation, Not Whether Claims Are Ex-Facie Time Barred: Delhi HC
The Delhi High Court held that a referral court, when considering an application under the Arbitration Act, should limit its inquiry to examining if the application was filed within the period of limitation. The court stated that the referral court should not examine whether the claims are ex facie barred by limitation. This ruling clarifies the scope of the referral court's jurisdiction, emphasizing that the admissibility of claims based on limitation is a matter for the arbitral tribunal to decide.