SANJAY KISHAN KAUL, R.MAHADEVAN
Bharat Heavy Electricals Limited – Appellant
Versus
Jyothi Turbopower Services Private Limited – Respondent
The alternative dispute resolution mechanism of arbitration inter alia has the objective of expeditious resolution of commercial disputes. This objective is often breached by the manner in which the arbitration proceedings carry on. We are confronted with the factual situation where the statement of claim itself was not filed resulting in the learned Arbitrator / the second respondent exercising powers under Section 25 (a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') and terminating the proceedings. These proceedings were sought to be reopened by the first respondent / original claimant by filing an application, the maintainability of which was objected to by the petitioner without even filing a reply on the ground that once the Arbitrator has terminated the mandate, he had become functus officio. The Arbitrator, however, opined to the contrary vide the impugned order dated 22.12.2015 that there was an implied power of procedural review which was sought to be exercised in respect of the prayer made for recalling the order of
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