JUDGMENT

Prateek Jalan, J. (Oral)

I.A. 2604/2024(Exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

ARB. A. (COMM.) 8/2024 & I.A. 2605/2024 (Condonation of delay in re-filing)

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ["A&C Act"] is directed against an order dated 06.10.2023 of the learned arbitrator, allowing an application of the respondent under Section 16 of the A&C Act.

2. At the outset, it is recorded that I have disclosed to Mr. Parvesh Bansal, learned counsel for the appellant, that I hold some shares in the respondent-company but Mr. Bansal has stated that he has no objection to the appeal being heard by this Bench.

3. The arbitral proceedings were instituted by the appellant under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 ["MSME Act"]. The appellant's claim before the learned arbitrator arose out of contracts dated 19.11.2013 and 03.03.2014 by which it supplied certain services to the respondent. The appellant claims that the respondent did not release its performance bank guarantee and retention money as required under the contracts even after the prescribed defec