- (1.) Leave granted. This appeal has been filed against the judgment dated 13.02.2015 of the Calcutta High Court by which the High Court in exercise of jurisdiction under Article 227 of the Constitution of India has set aside the Order passed by the arbitral tribunal by which the arbitral tribunal had refused to recall its Order dated 12.12.2011 terminating the arbitration proceedings on account of non filing of the claim by the claimant.
(2.) The undisputed facts of the case are:- The respondent filed an application under section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act") for referring the dispute to arbitrator on the strength of contract entered with appellant. During pendency of the application under Section 11 with consent of the parties, Sri Baskar Sen, Senior Advocate, Bar-at-Law was appointed as Arbitrator. The application under Section 11 of the 1996 Act was thus dismissed as not pressed. One-man arbitral tribunal entered into reference and called for the first sitting of the arbitral tribunal on 27.08.2011. Both the parties appeared on 27.08.2011 on which date arbitral tribunal had directed the respondent to file the statement of claim.
(3.) Subsequently, 19th November was fixed on which date the claimant was absent. The arbitral tribunal directed for filing statement of claim by 9th December. On 9th December, the claim could be filed by respondent and by order dated 12.12.2011, tribunal terminated the claim under Section 25(a) by making the following observations:- "...It appears that the claimant is interested to proceed with the reference. No cause has been shown as to why they have filed their Statement of Claim in spite of repeated opportunities being given to them. In view of Section 25(a) of the Arbitration and Conciliation Act, 1996 the Arbitrator, therefore, has no alternative but to terminate the proceedings. The arbitration proceedings in respect of the dispute in which Tuff Drilling Private Limited is the claimant which arose out of the agreement dated 21st January, 2008 pertaining to 1500 HP diesel electric rig is thus terminated...";