JUDGMENT :

Vibhu Bakhru, J.

1. Shyama Power India Ltd. (hereinafter ‘SPIL’) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the A&C Act’) impugning an arbitral award dated 14.12.2020 (hereinafter ‘the impugned award’) delivered by the Arbitral Tribunal comprising of a Sole Arbitrator (hereinafter ‘the Arbitral Tribunal’).

2. The impugned award was rendered in the context of disputes that have arisen between the parties in relation with two agreements dated 28.12.2019, for establishment of two transmission lines. The disputes relate to SPIL’s claim for refund of the liquidated damages imposed by the respondent (hereinafter ‘HVPNL’), cost overruns and outstanding payment for supply and completion of two transmission lines (referred to as Package A). The Arbitral Tribunal dismissed the claims raised by SPIL on the ground that they were barred by limitation. Thus, the only controversy that arises for consideration in this case is whether this decision of the Arbitrator is patently erroneous and vitiates the impugned award.

FAC