Law:

Section:

Arbitration Act (X of 1940)--- ----S. 20---Limitation Act (IX of 1908), Art. 181---Arbitration agreement---Arbitrator, appointment of---Referring question of limitation to the arbitrator---Scope---Jurisdiction of arbitrator---Sufficient cause---Determination of---Trial Court referred the question of limitation for determination to the arbitrator---Validity---Right to apply under S. 20 of Arbitration Act, 1940 would accrue when a difference or dispute had arisen between the parties---Question of limitation was to be decided by the Trial Court before granting the application under S. 20 of Arbitration Act, 1940---Leaving the question to be determined by the arbitrator was neither envisaged under S. 20 of Arbitration Act, 1940 nor could the court delegate its power to the arbitrator under S. 20 of Arbitration Act, 1940---If Trial Court had come to the conclusion that application under S. 20 of Arbitration Act, 1940 was barred by time then such application could not be granted nor could the matter be referred to the arbitrator---Trial Court before passing the impugned order was required to decide whether application under S. 20 of Arbitration Act, 1940 had been filed within time stipulated under Art. 181 of Limitation Act, 1908---Question whether the claim made by either party was barred by time or not or whether it was barred by any contractual term would fall within the scope of jurisdiction of arbitrator---Application filed under S. 20 of Arbitration Act, 1940 whether in time or not had to be decided by the court itself before allowing the said application---Jurisdiction of arbitrator was circumscribed by the arbitration agreement---Question whether application under S. 20 of Arbitration Act, 1940 was to be allowed or not was a statutory obligation of court and same could not be delegated to the arbitrator---Trial Court was required to determine the point of time at which the right to apply under S. 20 of Arbitration Act, 1940 had accrued---Trial Court was bound to determine as to when the differences had arisen between the parties i.e. when they did not agree on any particular question covered by the arbitration agreement---Trial Court while passing the…

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