JUDGMENT :

MANMOHAN, J

CM APPL. 8706/2021

Allowed, subject to just exceptions. Accordingly, the application stands disposed of. CM APPL. 8705/2021 Keeping in view the averments in the application, the delay in filing the present appeal is condoned. Accordingly, the application stands allowed.

FAO (COMM) 62/2021 & CM APPL. 8704/2021

1. Present appeal has been filed challenging the order dated 26th November, 2020 passed in OMP (I) (Comm.) No. 119/2020 (hereinafter referred to as ‘the impugned order’) whereby the petition filed by the appellant/petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act, 1996’) was dismissed with costs.

ARGUMENTS ON BEHALF OF THE APPELLANT

2. Learned counsel for the appellant/petitioner stated that the respondent had itself in its ledger sent along with email dated 28th August, 2020 admitted liability towards the appellant/petitioner to the tune of Rs.15,40,318/- out of Rs.19,29,546/-. He submitted that discretionary relief enshrined under Section 9 of the Act, 1996 should have been exercised in the present case as there was adequate material on record leading to a definite conclusion that the respondent had