vThe award is challenged by the petitioner on the following grounds:-
A. That the writing dated 21st June, 2003 does not constitute an arbitration agreement.
(i) that the said writing only contemplates avoidance of any future dispute and does not refer to any existing dispute nor it refers to arbitration.
(ii) that in view of the judgment of the Hon'ble Supreme Court in (1998) 3 SCC 573 and (2004) 1 SCC 372 @ 17 an agreement for avoidance of a dispute is not an arbitration agreement.......................................................................................
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