JUDGMENT :

J. SREENIVAS RAO, J.

1. Heard Sri V. Vivek Jain, learned counsel for the appellant and Sri K. Raghava Charyulu, learned counsel for the first respondent.

2. The appellant herein, M/s. Indu Projects Limited, represented by its authorised signatory (Law), Sri Ramana Murthy filed this appeal under section 13 of Commercial Courts Act, read with Section 37 of Arbitration and Conciliation Act, 1996 aggrieved by the order dated 17-08-2021 passed in C.O.P. No. 215 of 2017 on the file of the Court of Special Court for Trial and Disposal of Commercial Disputes, Hyderabad, allowing the petition filed by NMDC (A Government of India Enterprise), Hyderabad/first respondent and setting aside the award passed by the learned Arbitrator/second respondent except the finding on claim No. 1 is set aside and directed the parties to commence the arbitration proceedings again from the stage of appointment of the Arbitrator in respect of claim No. 5 of the appellant and the counter-claim of the first respondent. While allowing the petition with costs, the learned trial Judge held that if the first respondent herein is successful in proving its counter-claim, it can plead set-off in respect of claim