1. This hearing has been done through hybrid mode.

2. The present appeal has been filed by the Appellant under S.37(1)(c) of the Arbitration and Conciliation Act, 1996, read with S.13 of the Commercial Courts Act, 2015.

3. The appeal has been filed by the Appellant challenging the judgment and order dated 15th January, 2025 (hereinafter, the 'impugned judgment') passed by the Court of District Judge (Commercial Court) - 05, South East District, Saket, New Delhi in Arb. A. (Comm.) No. 1/2020.

4. The Commercial Court, vide the impugned judgment, has set aside the award dated 21st May, 2020 (hereinafter, 'the arbitral award') passed by Sh. K B Rajoria (hereinafter, 'the Sole Arbitrator'), on the ground that he was ineligible to be appointed as the Arbitrator in the matter in view of S.12(5) of the Arbitration and Conciliation Act,1996.

5. Ld. Counsel for the Appellant submits that the Appellant did not object to the appointment of the Sole Arbitrator who was appointed and the arbitral award was thus, subsequently passed by the Sole Arbitrator. Additionally, the Respondent also did not raise any objection in this regard. Thus, it is contended by the Appellant that the award was set as