JUDGMENT

(By video conference on account of COVID-19)

OMP (COMM) 351/2021

1. The petitioner assails, by means of this petition, preferred under Section 34 of the Arbitration and Conciliation Act, 1996 ("1996 Act"), order dated 29th October 2021, passed by a learned three member Arbitral Tribunal, presently in seisin of the dispute between the petitioner and the respondent.

The impugned order

2. The impugned order came to be passed on an application by the petitioner, as the respondent before the learned Arbitral Tribunal, under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), seeking dismissal of the respondent's case as being barred by time. To support this request, the petitioner furnished, to the learned Arbitral Tribunal the following tabular statement of dates, reproduced verbatim from para 2 of the impugned order: