JUDGMENT

Navin Chawla, J. (Oral)

CM No.10098/2021 (Exemption)

Allowed, subject to all just exceptions.

CM(M) 222/2021

1. This petition has been filed by the petitioner challenging the order dated 17.02.2021 passed by the learned District Judge (Commercial Court), North West District in Execution Civil No.352/2020, Kartike Enterprises v. Chief Executive Officer, Delhi Jal Board, dismissing the application of the petitioner filed under Section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act') on the ground that as objections to the Arbitral Award under Section 34 of the Act have been filed by the respondent are pending before the learned District Judge (Commercial Court), South East District, the execution petition filed later on cannot be entertained by the Court at North West District.

2. The learned counsel for the petitioner has placed reliance on the judgment of the Supreme Court in Sundaram Finance Limited v. Abdul Samad and Anr., (2018) 3 SCC 622 and of this Court in Daelim Industrial Co. Ltd. v. Numaligarh Refinery Ltd., 2009 SCC OnLine Del 579 and on the Order dated 21.01.2021 in EFA(OS)(Comm) 01/2021 titled Union of India v. Atlanta