Limitation Cannot Be Decided As Preliminary Issue Without Recording Whether It Is A Mixed Question Of Law And Fact: Bombay High Court

The Bombay High Court ruled that the issue of limitation cannot be decided as a preliminary issue in an arbitration case without recording a finding, especially if it involves a mixed question of law or fact. The court emphasized that a thorough examination of the facts and applicable law is necessary before determining if a claim is time-barred. This decision ensures that limitation issues are not decided prematurely and that parties have a full opportunity to present their case.