JUDGMENT :

ANANT RAMANATH HEGDE, J.

1. This Commercial Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Hereinafter referred to as ‘Act 1996’ for short) read with Section 13(1)(A) of the Commercial Courts Act, 2015, is arising from the judgment in Com. A.S. No. 129/2019 on the file of LXXXV Additional City Civil Court, Bengaluru. In terms of the impugned judgment dated 09.12.2021, the learned Additional City Civil Judge has allowed the Section 34 application under the Act, 1996, consequently, the award dated 20.05.2019, passed by the learned arbitrator is set aside on the ground that the learned arbitrator lacked the jurisdiction to pass the award.

2. The following questions emerge in the set of facts pleaded in this appeal:

(i) Whether the arbitrator could have been appointed by the authority named in the arbitration agreement, when the application filed under Section 11(6) of the Act, to appoint an arbitrator was pending consideration before the High Court?

(ii) If such an appointment is impermissible, whether participation of the claimant in the arbitral proceedings before the arbitrator, who is appointed when Section 11(6) application was pending before the cou