JUDGMENT

Vibhu Bakhru, J. (Oral)

CM No. 34754/2021

1. This is an application filed by the appellant seeking condonation of delay in filing the present appeal.

2. Dr Amit George, learned counsel appearing for the respondent, fairly states that in view of the orders passed by the Supreme Court in Suo Motu Writ Petition (Civil) No.3/2020: Re: Cognizance for Extension of Limitation, the limitation stands condoned and he is not opposing the present application.

3. In view of the above, the application is allowed.

FAO (COMM) 117/2021 and CM Nos. 22615/2021, 22616/2021 & 31776/2021

4. Issue notice.

5. The learned counsel appearing for the respondent accepts notice.

6. The appellant has filed the present appeal impugning an order dated 16.12.2019 (hereafter `the impugned order') passed by the learned Commercial Court in Arb. No. 21058/2016 captioned "M/s Bhatia Engineering Company v. M/s BHEL India".

7. By the impugned order, the learned Commercial Court has allowed the respondent's application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') and set aside the arbitral award dated 29.06.2016 (hereafter `the impugned award') rendered by