THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO COMCA No.29 of 2022 Mr. Avinash Desai, learned Senior Counsel representing Mr. Mohammed Omer Farooq, learned counsel appearing for the appellant.

Mr. Dama Seshadri Naidu, learned Senior Counsel representing Mr. K. V. Pavan Kumar, learned counsel for the respondent No.1. JUDGMENT: (Per Hon’ble. Justice Moushumi Bhattacharya)

1. The Appeal, filed under section 37(1)(b) of The Arbitration and Conciliation Act, 1996, assails an order passed by the learned Commercial Court on 30.03.2022 in Commercial Original Petition No.79 of 2017. By the impugned order, the Commercial Court dismissed the appellant’s petition filed under section 34 of the 1996 Act for setting aside an Award dated

17.12.2016.

2. The appellant was the respondent in the arbitration. The respondent No.1 was the claimant. The arbitration culminated in the Award dated 17.12.2016 passed by a Tribunal consisting of three learned Arbitrators. Apart from challenging the impugned order dated 30.03.2022 passed by the Commercial Court, the appellant also seeks to set aside the Award dated 17.12.2016. The appellant however restricts the scope of the A