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2022 Supreme(SC) 1334

M. R. SHAH, B. V. NAGARATHNA
Mutha Constructions – Appellant
Versus
Strategic Brand Solutions (I) Private – Respondent


Advocates appeared:
Mr. Nakul Dewan, Sr. Advocate, Mr. Ativ Patel, Advocate, Ms. Priyanka Vora, Advocate, Mr. Siddhant Buxy, Advocate, Ms. Anushka Shah, Advocate, Mr. Rohan Andrew Naik, Advocate, For the Appellant.

ORDER

1. Feeling aggrieved and dissatisfied with the impugned order dated 12.01.2022 passed by the High Court of Judicature at Bombay in Interim Application No.2146 of 2019 in Commercial Appeal No.466 of 2019 by which the Division Bench of the High Court has dismissed the said I.A. for restoration of the appeal, the original applicant before the High Court has preferred the present Special Leave Petition.

2. The dispute arose between the parties. Both the parties were in arbitration before the learned Sole Arbitrator, a retired Judge of the Bombay High Court. The learned Arbitrator passed an award dated 17.01.2018. Being aggrieved by the award, the petitioner preferred the Commercial Arbitration Petition No.511 of 2018 under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'). By Order dated 30.04.2019, the learned Single Judge by consent set aside the award and remanded the matter to the learned Sole Arbitrator to pass a fresh reasoned award. The petition under Section 34 of the Act therefore was disposed of accordingly. That thereafter the petitioner moved an application before the learned Single Judge seeking modification of the order da

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