JUDGMENT :

Suresh Kumar Kait, J.

1. The present execution appeal under the provisions of Section 13 of the Commercial Courts Act, 2015 read with Order XXI Rule 58 CPC has been filed by the appellant seeking setting aside of the order dated 06.01.2020 in OMP (ENF.) (Comm) 225/2018 on the ground that the learned Single Judge has purported to modify the arbitral award dated 09.11.2017 as well as judgment dated 11.10.2018 passed by the Hon’ble Supreme Court in Civil Appeal No. 10394/2018.

2. The factual background of the present appeal is that appellant and respondent had entered into EPC Contracts on 22.05.2008, however, certain disputes with regard to pending payments and suspension of contracts at the hands of respondent arose and, therefore, on 18.04.2012 appellant invoked arbitration. An arbitral tribunal comprising of Mr. Justice Dr. Mukundakam Sharma & Mr. Justice B.N. Srikrishna, Former Judges of Hon’ble Supreme Court and Mr. Justice Mukul Mudgal, Former Chief Justice of High Court of Punjab and Haryana, was constituted; parties filed their claims and counter claims and the arbitral award dated 09.11.2007 was passed. The said arbitral award was challenged by the respondent in peti