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2022 Supreme(Kar) 318

RITU RAJ AWASTHI, SURAJ GOVINDARAJ
ITI Limited rep by its authorized signatory Mr. Raja Ram Pandey – Appellant
Versus
Alphion Corporation – Respondent


Advocate Appeared:
For the Appellant :Sri RAGHURAM CADAMBI, VARSHA HITTIHALLI AND SHYAM HARINDRA, ADVOCATES

ORDER :

SURAJ GOVINDARAJ, J.

1. Upon the filing of the above matter, the registry has raised an objection as regards how a Commercial Appeal (COMAP) is maintainable when filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, ‘A & C Act, 1996’), since an award dated 07.10.2021 is sought to be set aside.

2. In response to the same, the appellant has filed a memo dated 26.01.2022 stating that the Commercial Division of this Court would have Jurisdiction to determine the dispute raised being a challenge to an award passed in an International Commercial Dispute. It is also stated that if this Court were to be of the opinion that a Commercial Appeal is not maintainable, leave be granted to convert the Commercial Appeal to an Arbitration Case or any such other case type as this Court deems fit. COMAP

3. Vide order dated 03.02.2022, a Co-ordinate Bench of this Court considering the submission of Sri.Nanda Kumar C.K., learned Senior Counsel appearing for the appellant that the proceedings of this nature would have to be considered by a Single Bench since the appellant will lose a forum of the appeal under Section 37 of the A & C Act, 1996, directed the Registrar (Judic

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