Section 11 of The Arbitration Act II

In a recent judgment, indicative of clerical errors and incorrect citations, at least, the following is clear: 

The Chief Justice exercises judicial power while passing an order under Section 11 of The Arbitration and Conciliation Act, 1996 and thus can examine the question as to whether the claim which has been raised before him survives and needs to be adjudicated. It goes without saying that if Chief Justice finds that claim is a dead claim, he can exercise jurisdiction in rejecting the application. The Chief Justice may chose to hold a claim as a dead claim only when the claim is evidently and patently long time barred claim and there is no need for any detailed consideration of evidence.”

Hon’ble Justice Ashok Bhushan, Emm Enn Associates v. Commander Works Engineer, [Civil Appeal Nos. 7184 – 7185 of 2008].

Advertisements