Karnataka High Court: Reference Application Under Section 8 Of Arbitration Act Should Be Filed Within 120 Days From Date Of Service Of Summons

The court relied on the case of Booz Allen, wherein the court held that a reference application under Section 8 of the Act, should have been filed within a period of 120 days from the date of service of summons to the defendant, which was long passed before March 20, 2019.

The Karnataka High Court in the case Sri. Thangavelu. R Versus. Shri Santosh. J observed and has held that a reference application under Section 8 of the Arbitration and Conciliation Act, 1996, should have been filed within a period of 120 days, which being from the date of service of summons to the defendant, which was long passed before March 20, 2019. Therefore, where the reference application under Section 8 of the Act was made long after the expiry of the outer limit of 120 days from the date of service of summons, such a reference could not be construed to have been made at the earliest. The Karnataka bench of Justice Hemant Chandangoudar was hearing the present matter.

BACKGROUND OF THE CASE