JUDGMENT :

I.P. MUKERJI, J.

1. This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. It is from a judgment and order dated 21st January, 2021 made by a learned single judge of this court dismissing the application of the appellant under Section 9 of the said Act.

2. The first point involved in this appeal is about its maintainability. It is raised by Mr. Utpal Bose, learned senior advocate appearing for the respondents.

3. This point cannot be appreciated unless the facts are told in some detail. South Delhi Municipal Corporation, and a consortium comprising of the respondents and another entity, on 2nd December, 2016, entered into an agreement called the Concession Agreement which involved collection and transportation of waste materials after undergoing a waste management procedure.

4. On 28th April, 2017 a sub contract to get done part of the project was made by the respondents with the appellant through a Master Service Agreement. On 4th October, 2017 another agreement called the Escrow agreement was entered into by the parties and some other entities including Axis Bank limited. Under this agreement all money received by the respondent no.2 under the Con