JAIN STUDIOS LIMITED Vs. MAITRY EXPORTS PVT LTD
HIGH COURT OF DELHI
JAIN STUDIOS LIMITED
MAITRY EXPORTS PVT.LTD.
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SANJAY KISHAN KAUL, J. -
(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:
"(e) Whether the amended claim is barred by law of limitation"
(f) Whether the amended claim falls outside the scope of reference by
Order dated 27th February 2006""
(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).;
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