Arbitration of Conciliation Act, 1996–Secs. 16 & 34–Arbitration award –Set aside with the observation that the arbitrator was not competent to pass the award–Appellant challenged the order of appointment of arbitrator before the Division Bench of this Court–Devision Bench passed the order on 05.04.2019 with certain observations whereas the arbitrator had passed the award on 29.01.2019–Neither this fact was brought before the Division Bench nor any review petition was filed–The arbitrator became functus officio and would have no power to amend or change the award–Observations made by Division Bench could not have been implemented–Commercial Court wrongly set aside the award on this count.
