JUDGMENT

H.S. Thangkhiew, J. - Matter is taken up via Video Conferencing.

2. The instant petition before this Court under Article 227 has been filed seeking to set aside and quash orders dated 29-10-2021, 17-11-2021 and 10-12-2021 passed by the learned Commercial Court, Shillong in Commercial Case. No. 13/2021 initiated by respondents under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner is aggrieved by the exercise of jurisdiction by the learned Commercial Court in assuming jurisdiction by allegedly ignoring the provisions of Section 34 and 36 of the Act; and in passing the impugned orders which have deprived the petitioner from the fruits of the award. The main contention of the petitioner is that while an application under Section 33 was pending before the Arbitral Tribunal, the respondents filed an application under Section 34 before the learned Commercial Court which was taken up for consideration and orders were passed thereon, which according to the petitioner are illegal and without jurisdiction.

3. The factual background leading to the present dispute is that the petitioner was awarded a contract for 2 laning of Shillong - Nongstoin section of NH 44 E