GOKUL PROJECTS Vs. CYCLONE ENERGY PVT LTD

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as 'Act') has been filed challenging the Interim Award/Order dated 25.05.2018 passed by the Sole Arbitrator, dismissing the application of the petitioner seeking permission to file its counter claim in the arbitration proceedings.

(2.) The Arbitrator had been appointed by this Court on an application filed by the respondent under Section 11 of the Act. On 08.09.2017, the Arbitrator passed a procedural order directing the respondent to file its statement of claim on or before 15.09.2017 and directing the petitioner to file its reply as also counter claim, if any, on or before 25.09.2017. By the subsequent order dated 10.10.2017, further time was granted to the respondent to file its statement of claim and consequently, the schedule for filing of reply/counter claim was also extended.

(3.) The learned counsel for the petitioner submits that the petitioner received the statement of claim filed by the respondent only on 10.11.2017. Thereafter, the petitioner filed an application under Section 16 of the Act challenging the jurisdiction of the Arbitrator. This application was dismissed by the Sole Arbitrator vide order dated 15.01.2018.