JAIN STUDIOS LIMITED Vs. MAITRY EXPORTS PVT LTD

JUDGEMENT

(1.) A suit was filed seeking to recover money by the respondent against the petitioner in the Mumbai High Court inclusive of principal and interest. The suit was filed in the year 1999 and on 27.2.2006 the parties agreed to refer the disputes, which were the subject matter of the suit, to arbitration. Justice S.N. Variava (Retd.) was appointed as the sole arbitrator to adjudicate the disputes between the parties.

(2.) On completion of pleadings, the parties agreed that the following two issues be tried as preliminary issues:

(3.) The learned arbitrator came to the conclusion that a part of the claim was barred by limitation but the remaining part was within time. It was also held that the amendments carried out to the claim were only clarificatory in nature and, thus, did not fall outside the scope of reference of the order dated 27.2.2006. The petitioner aggrieved by the same, has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act).