The word “determination” has to be
contextually determined. In Ashok Leyland
Ltd. v. State of T.N., (2004) 3
SCC 1, the Hon’ble Apex Court has reproduced the definition of “determination”
from Law Lexicon, 2nd Edition by P. Ramanatha Iyer and Black’s Law
Dictionary, 6th Edition. It reads thus:
“Determination or order.—The expression “determination”
signifies an effective expression of opinion which ends a controversy or a
dispute by some authority to whom it is submitted under a valid law for
disposal. The expression “order” must have also a similar meaning, except that
it need not operate to end the dispute. Determination or order must be judicial
or quasi – judicial. Jaswant Sugar Mills
Ltd. v. Lakshmi Chand, AIR 1963
A “determination” is a final judgment
for purposes of appeal when the Trial Court has completed its adjudication of the
rights of the parties in the action. Thomas
Van Dyken Joint centure v. Van Dyken,
27 NW 2d 459.
The said test clearly means that the
expression of determination signifies an expressive opinion. Union of India v. Hardy Exploration and Production (India) Inc., 2019 (132) ALR 263.
It is not in dispute that Article 137 of the Limitation
Act would apply to applications filed under Section 11 of the Arbitration and
Conciliation Act, 1996. In Major (Retd.)
Inder Singh Rekhi v. DDA, (1998)
2 SCC 338, the Hon’ble Apex Court held that in application for appointment of
arbitrator Article 137 of the Limitation Act will apply.
137 of the Limitation Act, 1963 is applicable to applications both under Civil
Procedure Code and under the Special Acts. Article 137 constitutes the
residuary Article in regard to applications. The starting point of limitation
under Article 137 is the date when “the right to apply arises”. Article 137 being
a residuary Article to be adopted to different classes of applications, the
expression “the right to apply” is expression of a broad common law principle
and it has to be interpreted according to the circumstances of each case. In Ramanna v. Nallaparaju, 1995 (2) SCR 936, the Hon’ble Apex Court has held that
“the right to apply” means “the right to apply first arises”.
Arbitration and Conciliation Act, 1996, right to apply to the Court having
jurisdiction would arise from the date such controversy arises between the parties.
Central Electronics Limited v. Friends Cable Industries, Noida, 2017 (125) ALR 588.