JUDGMENT

[Physical Court Hearing/Hybrid Hearing (as per request)]

Tara Vitasta Ganju, J.

FAO (COMM) 179/2021 & CM APPL. 39706/2021 [Application for Condonation of Delay]

1. The present Appeal has been filed under the provisions of Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act") read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015 against the judgment of the learned District Judge dated 17.12.2020 (hereinafter "the Impugned Judgment"). By the Impugned Judgment, the learned District Judge has allowed the Petition under Section 34 of the Act and set aside the Arbitral Award dated 16.07.2019 on the following two grounds:

(i) There is non-compliance of Section 21 of the Act;

(ii) The Arbitrator did not make the requisite disclosure as is required under Section 12 of the Act.

1.1. At the outset, it is noticed that the Appeal is