PER : SANDEEP V. MARNE, J.

1) This Appeal is filed under the provisions of Section 37 of the Arbitration and Conciliation Act, 1996 (the Act) challenging the judgment and order dated 10 January 2025 passed by the learned Single Judge of this Court in Commercial Arbitration Petition No.210 of 2024. By the impugned order, the learned Judge has set aside the Award passed by the Arbitral Tribunal.

2) Brief facts of the case are that a company by name Pratibha Industries Ltd. (Pratibha) was awarded two work orders by Public Health Engineering Department, Government of Rajasthan. Pratibha awarded some part of the work to the Respondent. The Appellant claims to have facilitated such work allotted to the Respondent by Pratibha and claims facilitation consideration from the Respondent.

3) The Appellant claims that Memorandum of Understanding dated 15 January 2019 (the MoU) was executed between the parties, under which it was agreed to pay facilitation consideration as percentage of margin of the work awarded by Pratibha to the Respondent. Respondent denied having executed such MoU. Appellant raised several demands on the Respondent for payment of facilitation consideration. On 2 July 2021,