JUDGMENT

(Prayer: Petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside the award dated 20.02.2019.)

1.The issues that arise for consideration in this petition filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the arbitral award dated 20.02.2019 are as follows:

a) Whether the arbitrator was correct in treating the letter dated 05.03.2015 sent by the petitioner to the respondent as a promise to pay a time barred debt which saves limitation attracting Section 25 (3) of the Indian Contract Act;

b) Whether the alleged promise to pay the time barred debt through the petitioner''s letter dated 05.03.2015 is a fresh contract giving rise to a fresh cause of action and whether the terms and conditions of the earlier contract including the arbitration agreement can be made applicable when admittedly the earlier MOU dated 18.05.2006 had become unenforceable on account of it becoming time barred;

c) Whether the alleged promise to pay through the petitioner''s letter dated 05.03.2015 has satisfied the requirements of Section 25 (3) of the Indian Contract Act enabling th