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2023 Supreme(Del) 3596

VIBHU BAKHRU, AMIT MAHAJAN
Sepco Electric Power Construction Corporation – Appellant
Versus
Power Mech Projects Limited – Respondent


Advocates appeared:
Mr. P.V. Kapur, Senior Advocate with Mr. Kapil Arora, Mr. Kunal Tandon, Ms. Palak Nagar, Mr. Dhananjay Sahai, Mr. Sidhant Kapur, Mrs. Kaveri Kapur and Mr. Shiv Raj Syal, Advocates, for the Appellant.
Mr. Dharmesh Mishra, Mr. Prateek Gupta & Mr. Raghav Tiwari, Advocates, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. (Oral)

1. The appellant has filed the present intra court appeal under Section 37 the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning a judgment dated 09.05.2023 (hereafter `the impugned judgment') passed by the learned Single Judge. By the said judgement, the learned Single Judge rejected the application filed by the appellant under Section 34 of the A&C Act being O.M.P. (COMM) 432/2017 captioned Sepco Electric Power Construction Corporation v. Power Mech Projects Ltd., whereby the appellant had impugned an arbitral award dated 17.10.2017 (hereafter `the impugned award').

2. After the appellant had filed its application to set aside the impugned award, the respondent had filed an application under Section 9 of the A&C Act being OMP(I)(COMM) 523/2017, inter alia, praying that directions be issued to the appellant to deposit the amount awarded in terms of the impugned award.

3. In the application filed by the respondent under Section 9 of the A&C Act, several orders were passed in effect directing the appellant to make deposits with the Registry of this Court. By an order dated 24.07.2018, the appellant was directed to deposit

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