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Report No. 76

8.58. Recommendation as to section 37.-

In the light of the above discussion, the following amendments commended in section 37:

(a) in sub-section (1), for the words and figures "The Indian Limitation Act, 1908", the words and figures "The Limitation Act, 1963" should be substituted;

(b) in sub-section (3), for the words and figures "The Indian Limitation Act, 1908", the words and figures "The Limitation Act, 1963" should be substituted;

(c) in sub-section (5), for the words and figures "The Indian Limitation Act, 1908" the words and figures "The Limitation Act, 1963" should be substituted;

(d) after sub-section (5), the following sub-sections should be inserted:1

"Section 37(6)

Where in a proceeding under section 33 the Court decides that no arbitration agreement exist between the parties and that such an arbitration agreement is invalid, the time during which the application under that section remained pending, shall be excluded in computing the period of limitation prescribed by the Limitation Act, 1963, for the commencement of a proceeding relating to a matter which was alleged to be the subject-matter of the arbitration agreement."

"Section 37(7)

Where in a proceeding under section 33 the Court decides that an arbitration agreement exists between the Parties and that such an arbitration agreement is valid, the time during which the application under that section remained pending, shall be excluded in computing the period of limitation prescribed by the Limitation Act, 1963, for the commencement of a proceeding for arbitration in pursuance of such arbitration agreement."

1. Para. 8.56, supra.



Arbitration Act, 1940 Back




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