ARUN BHANSALI,J. - (1.) This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ('the Act') has been filed by the appellant aggrieved against the order dated 20.12.2019 passed by the Commercial Court, Jodhpur, whereby the application filed by the appellant under Section 34 of the Act has been rejected as not maintainable.
(2.) By order dated 27.07.2018, the respondent No.5 was appointed as Sole Arbitrator by this Court under Section 11 of the Act. The arbitrator held the meetings on 07.10.2018, 21.10.2018, 13.11.2018 and 30.11.2018. On 30.11.2018, the arbitrator, inter- alia, observed as under :- "Three occasions have been given to the claimant but he has not attended meeting on 21.10.2018, 13.11.2018 and today on 30.11.2018. Earlier he was accorded last opportunity to be present with the statement of claims but he has not attended. It appears that he does not want to pursue his claims and hence the arbitration proceedings are closed. The counsel for respondents was informed accordingly."
(3.) Whereafter, the arbitrator purportedly on the same day noticing the facts and calculating the fees as chargeable, inter- alia, ordered as under :- "In the absence of claimant the amount of Rs.56000/- is to be paid by the respondents, NWR, Jodhpur to the under signed. The 50% of share of claimants of Rs.28,000/- (Rupees Twenty Eight Thousand only) shall be recovered by the respondents, NWR, Jodhpur from S.C. Garg (claimant). This award is made and signed by me on this day 30th November 2018 at Jodhpur. Copy of award and the order will be sent to both the parties by speed post." ;