Arbitration application u/s 8(1) is to be filed within statutory period to file written statement

SPML Infra Ltd Vs Trisquare Switchgears Pvt. Ltd. (Delhi High Court)

Held that right to file the application u/s 8(1) of A&C Act, after the statutory period to file the written statement, is closed

Facts-

The appellant has filed the present appeal impugning an order dated 28.03.2022 passed by the learned Commercial Court rejecting the appellant’s application filed u/s. 8 of the Arbitration and Conciliation Act, 1996. The learned Commercial Court had declined to refer the parties to arbitration on the ground that the appellant had filed the said application after the statutory period to file the written statement had expired and the appellant’s right to do so was closed. In addition, the learned Commercial Court also observed that the proceedings indicated the appellant’s intention to participate in the same.

It is the appellant’s case that it had no intention to participate in the proceedings before the learned Commercial Court or to waive its right to refer the subject disputes to arbitration.

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