V. KAMESWAR RAO, J. (ORAL)

CM APPL No. 28130/2026 (condonation of delay in refiling)

1. For the reasons stated in the application, the delay of 146 days in re filing the appeal is condoned.

2. The application stands disposed of.

CM APPL No. 28131/2026 (condonation of delay in filing)

3. For the reasons stated in the application, the delay of 5 days in filing the appeal is condoned.

4. The application stands disposed of.

FAO (COMM) 122/2026 and CM APPL. 28128/2026(Stay)

5. This is an appeal filed by the appellant under Section 37 of the Arbitration and Conciliation Act, 1996 (the Act) challenging the order dated 15.09.2025 passed by the learned District Judge (Commercial Court-01), Patiala House Courts, New Delhi (learned District Judge) in OMP (COMM) No.25/2020 whereby the learned District Judge has dismissed the petition filed by the appellant under Section 34 of the Act challenging the interim award (award) dated 09.01.2020 passed by the learned Arbitrator whereby the learned Arbitrator has allowed the application filed by the respondent under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) by stating in paragraph no.9 onwards as under:-

“9. For the purpose of deci