Mediation : Online Dispute Resolution Mediation : ODR new Call to vidhikarya care phone number+917604047601
Request Consultation
Free Legal Advice
Request Consultation Free Legal Advice

Home > Free Legal Advice > Question Details

Vidhikarya Legal Questions Answered

100,000+ Legal Questions Answered

100,000+ Legal Questions Answered
Ask Your Question
Arbitration and Mediation

Can counter claim submit to 2nd Arbitrator if GOVT fails submit to 1 Arbitrator?

can counter claim be submit to second Arbitrator if GOVT fails to submit to 1 Arbitrator who resigned on 2021, as they have never intimated to us prior (Pls quote to judgment for reference )

( New Delhi, Delhi )

1 year ago

Reply to this question

Reply
A.
Dear Client,
As the Limitation Act is made applicable to Arbitrations, in the case of a counter claim by a respondent in an arbitral proceeding, the date on which the counter claim is made before the arbitrator will be the date of “institution” insofar as the counter claim is concerned. Section 43 of the Arbitration and Conciliation Act, 1996 expressly provides for the application of the Limitation Act to arbitral proceedings. In the matter of Ashok Kalra v. Wing Commander Surendra Agnihotri, the Hon’ble Apex Court after careful consideration of the contents of Order VIII Rule 6A CPC held that the counter claim, if any is to be filed by the Respondent, it needs to be filed before the framing of issues and not after that. In arbitration proceedings as well, the Respondent is allowed to bring a counter claim against the Claimant. So far the period of limitation of a claim or a counterclaim is concerned, the Supreme Court’s judgment in State of Goa v. Praveen Enterprises15 makes the law very clear. In respect of claims in arbitration, the Court clarifies by a combined reading of Section 21 of the Arbitration Act, and Section 3 of the Limitation Act, 1963. Accordingly, you may consult the matter with an Advocate for further clarifications and steps.
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
Callto vidhikarya advocate S. K. Dutta Call to advocate S. K. Dutta Send whatsapp message to vidhikarya advocate S. K. Dutta Send whatsapp message to advocate S. K. Dutta Send mail to vidhikarya advocate S. K. Dutta Send mail to advocate S. K. Dutta
View All Answers
Was the answer helpfull

Helpful

Share
A.
Dear client,
If they haven't intimated about the arbitration proceedings, then it is void.
In the case of National Highway Authority of India Vs Transstroy (India) Limited (Supreme Court) it was held that the counter-claim of a party cannot be rejected for the simple reason that the claims were not notified prior to initiating arbitration.
Vidhikarya
Was the answer helpfull

Helpful

Share
Submit request

Submit Request

Post Your Legal Issue to connnect with Lawyers Online

Submit
Talk to a lawyer

Talk to a Lawyer

Connect Now

Read Related Answers

Arbitration- have Village Council Pass

Dear Client, The crucial aspect is that before the government's acquisition notification, you had applied for a "House Pass," which, as you state, grants the right to receive land value compensation...

Sbi credit card Arbitration Award

Dear Client, In case, a provision for resolving the dispute through arbitration under the Arbitration and Conciliation Act, 1996 exists in the credit card agreement, before marking credit card dues a...

House owner treating us biasedly

Dear Client, A dispute between a Tenant and Landlord is resolved under the state-specific Rent Control Act or the Premises Tenancy Act, under which a Rent Controller or Addl/Dy. Rent Controller is ap...

Arbitration notice

Dear Client, Your query lacks sufficient information to be addressed properly. However, be informed that in case, a provision for resolving the dispute through arbitration under the Arbitration and Co...

judicial separation court notice from wife

Dear Client, The Hindu Marriage Act does not require a spouse to inform the other before filing for judicial separation. In India, under the Hindu Marriage Act, 1955, a spouse can file a petition for...
Ask a Question

Ask a Question

Ask Now
Settle Your Dispute without going to Court

Settle Your Dispute without going to Court

Vidhi Samaadhaan

Vidhikarya Center for Dispute Resolution
Apply Now

Read Blogs on Arbitration and Mediation

Why the Supreme Court Wants the Law Ministry to Rethink the Arbitration Bill, 2024
Posted On : May 13, 2024

Why the Supreme Court Wants the Law Ministry to Rethink the Arbitration Bill, 2024

Understanding Arbitration in India: Types and Benefits Explained
Posted On : May 13, 2024

Understanding Arbitration in India: Types and Benefits Explained

The Benefits of Getting Legal Help from Arbitration Lawyers Online
Posted On : May 13, 2024

The Benefits of Getting Legal Help from Arbitration Lawyers Online

Categories

Arbitration and Mediation Lawyers

Abhimanyu
Call to Abhimanyu Send whatsapp message Send whatsapp message Send mail to vidhikarya Send mail to vidhikarya

Abhimanyu Shandilya

Kolkata

Mayur
Call to Mayur Send whatsapp message Send whatsapp message Send mail to vidhikarya Send mail to vidhikarya

Mayur D. Khunti

Anand

Prithvi
Call to Prithvi Send whatsapp message Send whatsapp message Send mail to vidhikarya Send mail to vidhikarya

Prithvi Raj Sikka

Delhi

Find Lawyers by Location

Arbitration and Mediation Lawyers in Anand

Arbitration and Mediation Lawyers in Bangalore

Arbitration and Mediation Lawyers in Bhopal

Arbitration and Mediation Lawyers in Chennai

Arbitration and Mediation Lawyers in Delhi

Arbitration and Mediation Lawyers in Faridabad

Arbitration and Mediation Lawyers in Goa

Arbitration and Mediation Lawyers in Gurugram

Arbitration and Mediation Lawyers in Hyderabad

Arbitration and Mediation Lawyers in Indore

Arbitration and Mediation Lawyers in Kolkata

Arbitration and Mediation Lawyers in Lucknow

Arbitration and Mediation Lawyers in Mumbai

Arbitration and Mediation Lawyers in Nagpur

Arbitration and Mediation Lawyers in Noida

Arbitration and Mediation Lawyers in Patna

Arbitration and Mediation Lawyers in Prayagraj

Arbitration and Mediation Lawyers in Pune

Arbitration and Mediation Lawyers in Ranchi
Find Lawyers by Location Find Lawyers by Location

©2025 Vidhikarya. All Rights Reserved.

Disclaimer

The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner. By accessing this website (www.vidhikarya.com), you acknowledge and confirm that you are seeking information relating to VIDHIKARYA LEGAL SERVICES LLP (The LAW FIRM) of your own accord and that there has been no form of solicitation, advertisement or inducement by VIDHIKARYA LEGAL SERVICES LLP or its members.
The content of this website is for informational purposes only and should not be interpreted as soliciting or advertisement. The User agrees that he/she is visiting the site on his own volition to seek more information about the firm and its Advocates.
The contents of this website are the intellectual property of VIDHIKARYA LEGAL SERVICES LLP.

OK Cancel
Vidhikarya Official support e-mail Contact Vidhikarya by phone Number vidhikarya whatsapp Number