K R ANAND Vs. NAVAYUGA ENGINEERING CO LTD

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") has been filed by the petitioner challenging the Award dated 16.11.2017 by which the Sole Arbitrator has dismissed the claims filed by the petitioner on the ground of the same being barred by the Law of Limitation.

(2.) The disputes between the parties had arisen out of the Sub Contract Agreement dated 10.12.2004 executed between the parties. The respondent had been awarded a Contract by the Public Works Department (PWD), Delhi for construction of "bridge across river Yamuna" near Geeta Colony, Delhi.

(3.) The respondent entered into the above mentioned Sub Contract with the petitioner on back to back basis awarding certain portion of the work under the Contract to the petitioner. The work was to be completed within a period of 36 months. The work was eventually completed by the petitioner on 22.12.2008. In the meantime, certain disputes arose between the respondent and the PWD and the respondent invoked the Arbitration Agreement on 04.06.2008 and 16.04.2009 against the PWD.