JUDGMENT :

CHANDRA DHARI SINGH, J.

The present petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, seeks to challenge the impugned Award dated 4th October 2018 to the extent that the registered Agreement dated 23rd March 2001 for sale of immovable property has been held to be determinable in nature and therefore not enforceable. The petitioner has also contended that the impugned Award is beyond the scope of reference and jurisdiction of the Learned Arbitrator. It has been prayed as under:

“a). This Hon'ble Court may be pleased to set aside the award of the Learned Sole Arbitrator dated 04.10.2018 to the extent challenged above for the reasons and grounds mentioned above and this Hon'ble Court may further be pleased to refer the matter to that extent for adjudication by way of arbitration as per the arbitration agreement between the parties, upon setting aside the award.

b). pass such other order/orders as this Hon'ble Court deems fit and proper in the interest of justice.

c). Costs of the present proceedings be award in favour of the petitioner and against the respondent.”

FACTUAL MATRIX

2. The background of the case is that on 3rd June 1997, the respondent wa