CHINTELS INDIA LTD. Vs. BHAYANA BUILDERS PVT. LTD.

JUDGEMENT

(1.) This appeal, under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) read with Section 13 of the Commercial Courts Act, 2015, impugns the order and judgment dated 4th June, 2020 of the Commercial Division of this Court, in I.A. No.14679/2019 (for condonation of delay in filing) and I.A. No.14682/2019 (for condonation of delay in re-filing) of OMP (COMM) No.444/2019 under Section 34(1) of the Arbitration Act, refusing to condone the delay and of consequent dismissal of OMP(COMM) No.444/2019.

(2.) The appeal came up first before this Court on 16th June, 2020, when notice thereof was issued and pleadings ordered to be completed.

(3.) On the subsequent date i.e. 13th July, 2020, the counsel for the respondent stated that the respondent shall stay their hands in the execution proceedings pending before the Commercial Division in relation to the arbitral award having force of the decree, subject matter of the appeal. On 22nd July, 2020, CM No.15906/2020 of the respondent seeking a direction to the appellant to deposit the award amount with upto date interest in the Court, came up before the Court and pleadings thereon also ordered to be completed. Thereafter the matter was adjourned from time to time, for completion of pleadings.