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2023 Supreme(Del) 2828

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Municipal Corporation of Delhi – Appellant
Versus
Sweka Powertech Engineers Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Akhil Mittal, Standing Counsel with Ms. Shreya Chopra, Advocate, for the Appellant.
Mr. Gaurav Saria, Ms. Charul Sarin & Mr. Harish Kumar, Advocates, for the Respondent.

JUDGMENT

Neena Bansal Krishna, J. The present appeal under Section 13 of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act, 1996") has been filed challenging the Common Order dated 24.01.2022 passed by the learned District Judge (Commercial) Central District, Tis Hazari, dismissing both the petitions under Section 34 of the Act, 1996, preferred by the appellant and the respondent herein against the Arbitral Award dated 30.01.2019.

2. The facts in brief are that, the respondent herein, M/s Sweka Powertech Engineers Pvt. Ltd. was awarded Work Order No. EE(E)-Project/SYS/2010-2011/5 dated 16.07.2010 by the appellant herein/Municipal Corporation of Delhi for providing street light arrangement and ancillary work in different roads/streets of the Karol Bagh Zone. In pursuance to the said Work Order, the appellant entered into a contract dated 25.03.2010 with the respondent.

3. During the course of execution of work, certain disputes arose between the parties and accordingly, a Notice for settlement of disputes through arbitration in terms of the Agreement between the parties, was sent by the respondent to

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