LAWS(DLH)-2018-5-13

ECONOMIC TRANSPORT ORGANISATION Vs. SPLENDOR BUILDWELL PVT. LTD.

Decided On May 09, 2018
ECONOMIC TRANSPORT ORGANISATION Appellant
V/S
Splendor Buildwell Pvt. Ltd. Respondents

JUDGEMENT

(1.) The petitioner has filed the instant petition under Section 34 of the Arbitration and Conciliation Act , 1996 (hereafter the Act'), inter alia, impugning an order dated 29.11.2017 (hereafter the impugned order') passed by the Arbitral Tribunal consisting of the sole arbitrator, Mr. Mohinder Singh, Advocate (hereafter the Arbitral Tribunal').

(2.) The Arbitral Tribunal was constituted to adjudicate the disputes that have arisen between the parties in relation to the Space Buyer Agreement' (hereafter the Agreement') entered into by them.

(3.) The Arbitral Tribunal has observed, in the impugned order that the petitioner (claimant before the Arbitral Tribunal) was neither interested in final submission of the claims nor desired to withdraw the claims from the Arbitral Tribunal and was only interested in delaying the proceedings on one pretext or the other. Accordingly, by the impugned order, the Arbitral Tribunal terminated the arbitral proceedings under Section 25(a) of the Act in view of the failure of the petitioner to file the Statement of Claims despite several opportunities.