APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. 32 of 2021 at Allahabad

Neutral Citation No. - 2025:AHC:9107-DB Chief Justice's Court Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. - 32 of 2021 Appellant :- State of U.P. and another Respondent :- M/s S.S. Construction Co. Counsel for Appellant :- Ankit Gaur (S.C.), Sushil Kumar Mehrotra Counsel for Respondent :- Kalpana Sinha Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J. 1. The appeal is directed against order dated 28.01.2021 passed by Commercial Court, Kanpur Nagar, whereby the application filed by respondent under Order IX Rule 13 CPC has been allowed. 2. Aggrieved of the award dated 19.01.2019 State-appellants had filed application under Section 34 of Arbitration and Conciliation Act, 1996 (in short 'Act, 1996') before the Commercial Court, Kanpur Nagar. When despite service, the respondent did not appear, the Commercial Court vide its order dated 25.02.2020, after hearing the appellant, allowed the application under Section 34 of the Act, 1996 and set aside the award passed by the Arbitral Tribunal. 3. The respondent filed application under Order IX Rule 13 CPC along with application under Section 5 of the Limitation Act seeking setting aside of the ord