J U D G M E N T

On 25th October, 2024, this Court passed the following order:-

“In this matter, ever since September, 2023, the respondent M/s Tashi Delek Gaming Solutions Pvt.

Ltd., is not being represented by any learned Advocate. Having given several opportunities to the respondent to be represented before us, we are now left with no option but to conclude the hearing of the matter on the basis of the pleadings on record and the submissions advanced by the learned Additional Advocate General of Sikkim on behalf of the appellants.

Hearing stands concluded. Judgment reserved.”

We, therefore, now proceed to pronounce our judgment.

2. The learned District Judge has, vide the impugned order dated 29.07.2016, set aside the arbitral award dated 06.06.2011 under section 34(2)(a)(ii) of the Arbitration and Conciliation Act, 1996 (Arbitration Act of 1996) on the ground that the tender process as well as the agreement dated 24.08.2001 had been quashed by this Court, as such, the arbitration clause of the agreement dated 24.08.2001 also became non-existent. The learned District Judge thus held that although the parties had agreed to the arbitration the learned Sole Arbitrator had no jurisdiction