JUDGMENT

1. Leave granted.

This appeal has been filed against the judgment dated 13.02.2015 of the Calcutta High Court by which the High Court in exercise of jurisdiction under Article 227 of the Constitution of India has set aside the Order passed by the arbitral tribunal by which the arbitral tribunal had refused to recall its Order dated 12.12.2011 terminating the arbitration proceedings on account of non filing of the claim by the claimant.

2. The undisputed facts of the case are: - The respondent filed an application under section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act") for referring the dispute to arbitrator on the strength of contract entered with appellant. During pendency of the application under Section 11 with consent of the parties, Sri Baskar Sen, Senior Advocate, Bar-at-Law was appointed as Arbitrator. The application under Section 11 of the 1996 Act was thus dismissed as not pressed. One-man arbitral tribunal entered into reference and called for the first sitting of the arbitral tribunal on 27.08.2011. Both the parties appeared on 27.08.2011 on which date arbitral tribunal had directed the respondent to file the st