JUDGMENT (Oral)

I.A. 23641/2023 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

ARB.A. (COMM.) 50/2023

3. The present Petition under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "A & C Act, 1996") has been filed on behalf of the petitioner to set aside the impugned Order dated 17.09.2023 passed by the Arbitral Tribunal in I.A. No. 2/2023 under Section 17 of A & C, 1996 filed by the respondent.

4. Mr. Saurav Agarwal, learned counsel for the respondent, is present on advance notice.

5. Ms. Aishwarya Bhati, learned Additional Solicitor General of India, on behalf of the petitioner submits that the petitioner is aggrieved by the impugned Order dated 17.09.2023, only to the extent it makes an assertion that "termination of contract of the Claimant-Contractor and any consequential action taken thereof by the respondent shall be subject to the final outcome of the present arbitral proceedings".

6. Ms. Aishwarya Bhati, learned Additional Solicitor General of India, on behalf of the petitioner argues that whether there is a valid termination of the Contract making the respondent entitled to either specific performanc