Order :

Per Manindra Mohan Shrivastava, J.

1. This appeal is directed against order dated 30th January 2021 passed by learned Commercial Court, Naya Raipur by which, appellant's application under Order 21 Rule 46-A read with Section 151 Code of Civil Procedure, 1908 as also an application under Section 47 r/w Order 21 Rule 58 CPC has been rejected.

Dispute between the parties as aforesaid led to reference of the dispute for arbitration to the Arbitrators. The Arbitration proceedings eventually culminated in an Award dated 11.6.2018.

As the pleadings revealed, appellant filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration Act”) before the High Court of Delhi. Prayer was made for setting aside the Award. Said application was, however, dismissed vide an order dated 3.4.2019 on the grounds of limitation only.

It is further revealed from the pleadings that an Appeal under Section 37 of the Arbitration Act has also been preferred which is said to be pending before the appellate forum.

2. The respondent, however, moved an execution application for execution of Award before the learned Commercial Court, Naya Raipur. It is also disclosed