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ASHOK KUMAR GAUR
Eptisa Servicios De Ingenieria SL, Through Executive Director And Authorized Representative Mr. Swarup Chakrabarti – Appellant
Versus
Ajmer Smart City Limited, RUDSICO, Ajmer Through The Chief Executive Officer – Respondent
ORDER :
1. This writ petition has been filed by the petitioner, challenging the order dated 27.05.2019 passed by the Commercial Court No.1, Jaipur, wherein application filed by the petitioner under Section 34 (4) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Act of 1996’), has been dismissed.
2. Learned counsel for the petitioner submitted that the arbitral award dated 02.02.2019 has been put to challenge by the respondent by filing application under Section 34 of the Act of 1996 in the Commercial Court.
3. Learned counsel for the petitioner submitted that the petitioner moved an application under Section 34 (4) of the Act of 1996 to adjourn the proceedings in the application filed by the respondent and asked to give an opportunity to the Arbitral Tribunal to resume the arbitral proceedings or to take such other action as in the opinion of the Arbitral Tribunal was required to eliminate the grounds for setting aside the arbitral award.
4. Learned counsel for the petitioner submitted that by filing application under Section 34 (4) of the Act of 1996, the petitioner pleaded that the arbitral award was passed on 02.02.2019 in favour of the petitioner while r
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