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2019 Supreme(SC) 1531

ROHINTON FALI NARIMAN, VINEET SARAN
Sai Babu – Appellant
Versus
Clariya Steels Pvt. Ltd. – Respondent


Advocates Appeared:
Kiran Suri, Adv., T.S. Shanthi, Adv., Aishwarya Kumar, Adv., Narendra Kumar, Adv., Charudatta Mahindrakar, Adv., Pramit Chhetri, Adv., C.B. Gururaj, Adv., Prakash Ranjan Nayak, Adv.

ORDER

1. The sole arbitrator who was appointed in this case terminated proceedings under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act'), by order dated 04.05.2017. However, on an application dated 05.05.2017 to recall the aforesaid order, the learned arbitrator passed an order on 18.05.2017 stating that, as good reasons had been made out in the affidavit for recall, he was inclined to recall the order even though under the Act, in law, it may be difficult to do so. A revision filed against the aforesaid order was dismissed by the High Court on 14.06.2017.

2. Having heard learned counsel for the parties, we are of the view that the matter is no longer res integra. In SREI Infrastructure Finance Limited v. Tuff Drilling Private Limited , (2018) 11 SCC 470 , this Court held:

    22. Section 32 contains a heading "Termination of Proceedings". Sub-section (1) provides that the arbitral proceedings shall be terminated by the final arbitral award or by an order of the Arbitral Tribunal under sub-section (2). Sub-section (2) enumerates the circumstances when the Arbitral Tribunal shall issue an order for the termination of the arbitral proceed

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