Harish Tandon, J. - (1.) A point is raised in this revisional application as to whether the Arbitral Tribunal becomes functus officio on termination of the proceeding under Section 25(a) of the Arbitration and Conciliation Act, 1996 and is denuded of any powers to recall the said order.
(2.) THE parties agreed to refer the disputes to the arbitrator but failed to appoint the same. The claimant/petitioner filed an application Section 11 of the Arbitration and Conciliation Act, 1996 and during the said proceeding the parties ultimately consented for appointment of a sole arbitrator who subsequently entered upon the reference. Despite the direction passed by the arbitrator for submission of statement of claim by the claimant/petitioner, it could not be filed; even the time to file the same was extended from time to time. On subsequent occasions there no representation on behalf of the claimant/petitioner, the arbitrator thereafter terminate the proceeding under Section 25(a) of the Arbitration and Conciliation Act, 1996.
(3.) TO recall the said order showing the cause for non appearance and non filing of the statement of claim, an application was taken out before the arbitrator which upon dismissal is impugned in this revisional application.;