Mr. Amit Rawal, J.: (Oral) - CM No. 5941-CII of 2016

C.M. is allowed.

Annexures R-1 to R-3 taken on record.

FAO No. 6133 of 2015 (O&M)

2. The appellant is aggrieved of the dismissal of the objections filed against ex-parte award on the premise that the purchase order is a contract and therefore the entire proceedings before the arbitrator are vitiated in law, much less the arbitrator does not have jurisdiction. In support of his contentions he has relied upon the judgment rendered by Delhi High Court in M/s Tripack Ltd.and others Vs. Ram Kishore Nagar Mal, 2007 (3) ArbiLR 402, thus urges this Court that the objections were within the parameters of Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘1996 Act’). All these aspects have not been noticed by the objecting court.

3. Mr. Sonam Sharma, learned counsel appearing on behalf of the respondent submits that Annexure R-1 and R-2 enclosed with the miscellaneous application show that the appellant had written two letters to the arbitrator challenging the arbitration proceedings but thereafter absented and in view of the provisions of Section 16 (2) of the 1996 Act, the jurisdiction of the ar