JUDGMENT

MINI PUSHKARNA, J.

1. ARB.P. 247/2026 has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) seeking appointment and/or grant of fresh mandate for the earlier Arbitrator, to adjudicate the disputes between the parties, arising out of and in connection with the Settlement Agreement dated 21st December, 2021 (“Settlement Agreement”), as incorporated into the Consent Arbitral Award dated 23rd February, 2022 (“Consent Arbitral Award”) passed by the Arbitral Tribunal, including, disputes arising from the alleged breach, non-compliance, revival of original claims and other consequential and additional claims.

2. O.M.P.(I) (COMM.) 23/2026 has been filed under Section 9 of the Arbitration Act, seeking interim measures for preservation of the subject matter under the Consent Arbitral Award, read with the Settlement Agreement, on the premise of the respondent’s persistent, wilful and fundamental breach of the Settlement Agreement entered into between the parties.

3. As per the facts, culled out from the pleadings and documents on record, the petitioners entered into a Memorandum of Understanding (“MoU”) with the respondent on 31st May, 2017