ORDER :

By way of instant petition, the petitioners have assailed order dated 18.12.2021 passed by the learned Arbitrator, whereby the application of the petitioners herein under Order 11, Rules 1 & 2 read with Section 151 of the Code of Civil Procedure (for short “CPC) was dismissed.

2. Respondents herein are the claimants before the learned Arbitrator, who have already submitted their claim. Before entering into defence, petitioners herein moved an application under Order 11, Rules 1 & 2 read with Section 151 of the CPC seeking reply of the respondents herein to the interrogatories formulated on behalf of the non-claimants/petitioners herein.

3. Impugned order reveals that the above noted application of the petitioners herein was rejected by the learned Arbitrator broadly on two grounds. Firstly, that the application was not maintainable before filing of written statement and secondly, that without the written statement of the petitioners herein on record, the application was premature as the relevance of the interrogatories could not be adjudged.

4. The first question that arises in the case is, whether an order passed on miscellaneous application during arbitral proceeding will be