HASMUKH PRAJAPATI Vs. JAI PRAKASH ASSOCIATES LTD.

JUDGEMENT

(1.) Heard Sri Vidhu Prakash Pandey, learned counsel for the petitioner and Sri Anurag Khanna, learned Senior Advocate assisted by Sri Rohan Gupta, learned counsels for the respondent.

(2.) This petition under Article 227 of the Constitution of India has been filed challenging the order dtd. 18/8/2021 passed by Presiding Officer, Commercial Court, Gautam Budh Nagar, in Misc. Application No. 6 of 2020 in Arbitration Application No. 26 of 2019, Jai Prakash Associates Ltd. Vs. Hasmukh Prajapati, preferred u/s 34 of Arbitration and Conciliation Act, 1996 (arising out of award dtd. 16/2/2019 passed by the Arbitral Tribunal (Sole Arbitrator), New Delhi, in Arbitration No. 15 of 2018, Hasmukh Prajapati Vs. Jai Prakash Associates Ltd.) partly allowing the claim of the petitioner.

(3.) The brief facts of the case are as follows :-