On the aspect of remand of the proceedings as ordered by the learned Principal District Judge, it is found that said direction is contrary to the provisions of Section 34(4) of the said Act as well as the law as laid down in Kinnari Mullik and another (supra). It has been held in the aforesaid decision that the limited discretion available to the Court under Section 34(4) of the said Act can be exercised only if a written application is made by a party to the arbitration proceedings before passing of the award. Said power cannot be exercised suo-motu by the Court after the award has been set aside. By the impugned order, the award has been set aside and the proceedings have been remanded to the Arbitrator for fresh adjudication. Such course is not permissible in view of the aforesaid law as laid down. That direction issued by the learned Principal District Judge to that effect is thus liable to be set aside.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Arbitration Appeal No. 3 of 2017
Decided On: 07.09.2018
Chandrashekar Vs. Yogi Construction and Ors.
Hon'ble Judges/Coram:
A.S. Chandurkar, J.
Citation: 2019(1) MHLJ 628
