ASHWANI KHATTAR Vs. VIJAY KUMAR BHATIA

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter "the Act") impugning an arbitral award dated 14.12.2017 (hereafter "the impugned award") passed by the Arbitral Tribunal comprising of a sole arbitrator (hereafter "the Arbitral Tribunal").

(2.) The impugned award has been rendered in the context of disputes that have arisen between the parties in relation to a Collaboration Agreement dated 08.04.2008 (hereafter "the Agreement"). By the impugned award, the claims made by the petitioner have been rejected by the Arbitral Tribunal as being barred by limitation.

(3.) The petitioner contends that the impugned award is perverse and contrary to law, inasmuch as, the Arbitral Tribunal has ignored that the respondent had filed a suit praying for cancellation of the Agreement, which was subsequently withdrawn. According to the petitioner, the Agreement continues to subsist and, therefore, the petitioner's claim in regard to the Agreement could not be rejected as barred by limitation.