I had filed a winding up petition against my debtors in 2006 and a liquidator was appointed in 2011, to avoid liquidation, a bank guarantee of the due amount has since been furnished in high court in favour of registrar Delhi High court. However the debtor has contested the claim of amount, the high court ordered us to go for arbitration as per the clause in my invoicest and my amount stands secured, it was agreed , as per order of high court that the we shall invoke the arbitration as per the arbitration clause contained in the invoice and file claims within two weeks. that company proceedings were pending all this while, it is also agreed the other party that claim being adjudicated on merits and will not take the plea of limitation,
The arbitration was invoked within the time frame of 2 weeks and claim filed after the time of 2 weeks as the arbitrator was appointed later . My query is whether the claim is time barred as the opposing party has taken the plea that the case time barred after 4 months of arbitration proceedings as the claim was not filed withi 15 days Regards & Thanks
