JUDGMENT :

INDIRA BANERJEE, J.

1. Leave granted.

2. The Appellant, an entity incorporated in China was awarded contracts in relation to various coal based power projects in India and the Respondent, a company incorporated in India was engaged as a subcontractor of the Appellant. Disputes and differences between the Respondent and the Appellant were referred to Arbitration. Suffice it to mention that the Arbitration culminated in an Award dated 17th October 2017 of approximately Rs. 1,42,00,00,000/- (Rupees One Hundred and Forty Two Crores) in favour of the Respondent.

3. On 3rd December 2017, the Appellant filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Arbitration Act”) being O.M.P. (COMM) No. 432 of 2017 challenging the Arbitral Award dated 17th October 2017 in the Commercial Division of the Delhi High Court, which is pending.

4. On the same day, that is, 3rd December 2017, the Appellant filed an interim application being I.A. No. 14342 of 2017 in the said O.M.P. (COMM) No. 432 of 2017 under Section 36(2) of the Arbitration Act seeking stay of the arbitral award.

5. After about a week, on 11th December 2017, the Respo