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Judgment
Arindam Sinha, J
Mr. Mohapatra, learned senior advocate appears on behalf of applicant and submits, his client’s appeal under section 37 in Arbitration and Conciliation Act, 1996 was disposed of on preliminary point regarding bar of limitation against the counter claim raised by respondent in the appeal. His client was successful here but said respondent preferred appeal to the Supreme Court. Said Court by order dated 24th April, 2023 restored the award. In the circumstances, the application is for restoration of the appeal in respect of other grounds taken therein apart from limitation and to tag the same with the other pending appeal of his client (ARBA no.28 of 2022) preferred against rejection of challenge to short award on his client’s case.
Mr. Rana, learned advocate appears on behalf of respondent in the reference. He has not been called upon to answer.
There is no requirement for respondent to answer because by order dated 24th April, 2023 the Supreme Court did not make any reservation of bifurcating contention raised by applicant in ARBA no.26 of 2022. In the circumstances, this Bench will not venture with the further with the appeal disposed on the order set aside by the Supreme Court, restoring the award.
The CMAPL is disposed of.
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