JUDGMENT

Neena Bansal Krishna, J.

REVIEW PETITION 20/2023

1. The present Review Petition under Order XXXXVII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC, 1908") has been made by the Petitioner (who was the Respondent in the main petition) for procedural review of the Order dated 27.09.2022 passed in the Arbitration Petition bearing No. ARB.P. 762/2019 under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act, 1996").

2. The facts in brief are that Arbitration Petition under Section 11 of the Act, 1996 was filed on behalf of the Respondent wherein amongst other objections, one objection taken by the Petitioner was that the Respondent had not raised any issue on the maintainability of the Civil Suit bearing No. 306/2018 filed by the respondent, or it being barred by the Arbitration but had vehemently contested the suit by filing the Written Statement. The Suit was taken up on twelve occasions and at no point of time did the Respondent file any Application under Section 8 of the Act, 1996 for Invocation of Arbitration proceedings or for resolving the disputes through Arbitration. The Respo