Indira Banerjee, J. - (1.) This appeal is against an Order No. 10 dated 30th September, 2015 passed by the learned Judge, 4th Bench, City Civil Court at Calcutta dismissing an application filed by the appellant under Sec. 34 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act, for setting aside of an arbitral award.
(2.) The relevant part of the impugned order is set out hereinbelow for convenience. "Accordingly, the Ld. Arbitrator conclude the proceeding on 6.1.2004 under the following observations: - I) The claimant did not produce any order of stay or arbitration proceeding. The claimant did not produce any statement of claim. There was no agreement between the parties that the arbitration should be kept on being delayed further. The act of sole arbitrator is a time -bound manner and nearly two years were passed from the date of appointment of the arbitrator but the proceeding did not progress at all and as such, the arbitration proceeding was terminated as per provision u/s. 25(a) of the Arbitration and Conciliation Act, 1996. II) As per Sec. 34 of Arbitration and Conciliation Act, 1996, the order had passed by the arbitrator is not award at all. Moreover, the petitioner was given several opportunities to file his statement of claim and to proceed with the arbitration proceeding but the petitioner taking advantage of the contempt proceeding, took several attempts to conclude the proceeding and the proceeding was delayed due to Act of the petitioner. The arbitration proceeding is a time -bound factor. Therefore, in view of the above observation, I do not find any illegality or irregularity in the observation of the Ld. Arbitrator. Moreover, the order passed by the arbitrator is not an award and no Misc. Case lies u/s. 34 of Arbitration and Conciliation Act. Accordingly, this Misc. Case is not maintainable at all."
(3.) The learned Court has held that since the order passed by the learned arbitrator was not an award, the same cannot be set aside in an application under Sec. 34 of the 1996 Act. Therefore, the short question in this appeal is, whether an order under Sec. 25(a) of the 1996 Act is an award or not.;