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2021 Supreme(Del) 2394

RAJIV SHAKDHER, TALWANT SINGH
South Delhi Municipal Corporation – Appellant
Versus
Purnanand – Respondent


Advocates appeared:
Kunal Vajani, Standing Counsel, for SDMC with Kunal Mimani, Varun Ahuja and Shubhang Tandon, Advocates, for the Appellants.
Rajeev Kumar with Sarfaraz Ansari, Advocates, for the Respondent.

JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J. (Oral):

Preface:

1. This is an appeal directed against the order of the learned Single Judge dated 04.03.2021, passed in an application preferred by the appellants under Section 36(2) of the Arbitration and Conciliation Act, 1996 [in short `the 1996 Act'].

1.1. The said application was preferred by the appellants for staying the execution of the award dated 27.02.2019, passed by the arbitral tribunal.

1.2. The Learned District Judge (Commercial Court-02), West District, Tis Hazari Courts, Delhi [in short "the Learned District Judge"], while dealing with the aforementioned application, concluded that the main proceedings preferred by the appellants i.e., in the form of Section 34 petition was beyond limitation, and, therefore, both, the Section 36(2) application and the Section 34 petition, instituted under the 1996 Act, were not maintainable. This resulted in the dismissal of not only the Section 36(2) application but also the petition filed by the appellants under Section 34 of the 1996 Act.

1.3. It is against this order, as noticed above, that the appellants have preferred the present appeal.

2. Before

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