ORDER

1. The applicant - Continental Engineering Corporation Limited has preferred this arbitration application under Section 10(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as 'the Commercial Courts Act') with the prayer that the application be allowed and the matter be adjudicated on merits in the interest of justice.

2. It is contended by Mr. Anil Kher, Senior Advocate, appearing with Mr. Anant Kasliwal, Senior Advocate and Mr. Vaibhav Kasliwal appearing for the applicant that the award was passed on 20.12.2017. The applicant within 90 days filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') before the Commercial Court on 16.3.2018. The non-applicant raised objections to the maintainability of application under Section 34 of the Act before the Commercial Court on 22.10.2018. The Commercial Court vide order dated 22.11.2018 has held that since it is an international commercial dispute, the application is not maintainable before the Commercial Court. The Commercial Court has returned the application under Order 7 Rule 10 CPC