Only because a Claimant, after filing his statement of claim, does not move the Arbitral Tribunal to fix a date for the hearing, it will not amount to the abandonment of the claim | The power under Section 32(2)(c) of Arbitration and Conciliation Act, 1996 can be exercised only if continuation of Arbitration proceedings has become unnecessary or impossible | A duty is vested in Arbitral Tribunal to adjudicate upon the dispute and to make an Arbitral Award – Dani Wooltex Corporation and Ors. Vs. Sheil Properties Pvt. Ltd. and Anr. – Supreme Court
This judgment covers: A. Termination of Arbitration Proceedings. B. Duty of Arbitrator to adjudicate upon the dispute and to make an award. C. If the party fails to appear for a hearing after filing a claim, the arbitration proceedings cannot be terminated. D. Abandonment by the claimant of his claim may be grounds for saying that the arbitral proceedings have become unnecessary. E. Present case: Whether Sheil abandoned its claim filed before the learned Arbitrator? F. Conclusion
