JUDGMENT :

Preface

1. This appeal preferred under section 37 the Arbitration and Conciliation Act, 1996 (in short 1996 Act') is directed against the order dated 15.09.2016, passed by the arbitral tribunal. The arbitral tribunal via the impugned order has held for the reasons given therein that it has no jurisdiction to adjudicate the disputes obtaining between the parties.

2. It would be relevant to note that the constitution of the arbitral tribunal was brought about by a petition moved under Section 11 of the 1996 Act by the appellant i.e. Indeen Bio Power Ltd. (hereafter referred to as 'Indeen').

2.1. This petition was numbered as Arb.P. No.184/2012 and disposed of by this Court on 21.01.2013. The Court, however, appointed a sole arbitrator as against an arbitral tribunal consisting of three (3) arbitrators as provided in the arbitration agreement, which stood incorporated in Clause 13.2 of the Synchronization and Co-ordination Agreement (in short ‘SCA’). The learned judge was persuaded to appoint a sole arbitrator for the following reasons. First, there was no procedure prescri