JUDGMENT :

1. Heard Sri Vidhu Prakash Pandey, learned counsel for the petitioner and Sri Anurag Khanna, learned Senior Advocate assisted by Sri Rohan Gupta, learned counsels for the respondent.

2. This petition under Article 227 of the Constitution of India has been filed challenging the order dated 18.08.2021 passed by Presiding Officer, Commercial Court, Gautam Budh Nagar, in Misc. Application No. 6 of 2020 in Arbitration Application No. 26 of 2019, Jai Prakash Associates Ltd. Vs. Hasmukh Prajapati, preferred u/s 34 of Arbitration and Conciliation Act, 1996 (arising out of award dated 16.02.2019 passed by the Arbitral Tribunal (Sole Arbitrator), New Delhi, in Arbitration No. 15 of 2018, Hasmukh Prajapati Vs. Jai Prakash Associates Ltd.) partly allowing the claim of the petitioner.

3. The brief facts of the case are as follows :-

(i) The petitioner booked an Apartment No.0301 in Kalypso Court, Tower No. l, Jaypee Greens Noida, admeasuring 315.12Sq. mtrs, in terms of the Concession Agreement, executed between Yamuna Expressway Industrial Development Authority and Jaypee Industries Limited, for the project of Yamuna Expressway Industrial Development Authority and as per the standard ter