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Report No. 76

8.55. Case law.-

In a Privy Council case1 decided under the old Act, the analogy of section 14 was applied in determining the question whether time taken in one arbitration proceeding could be excluded for the purpose of an other arbitration proceeding. But, as has been pointed out by the Bombay High Court,2 the Legislature" having the decision of the Privy Council before it, instead of leaving it to the Court to apply the provisions of the Limitation Act by analogy, expressly by a statutory enactment applied the provisions of section 37(1) and also dealt with the exclusion of time taken up in arbitration by section 37(5). Therefore, it is no longer open to the court to rely on section 14 as applicable, by analogy, to arbitration proceedings.

1. Ramdutt v. E.D. Dasson & Co., 56 IA 128: AIR 1929 PC 103.

2. Purshottamdas v. Impex (India) Ltd., AIR 1954 Born 309 (311), para. 5.6.

Arbitration Act, 1940 Back

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