CHIEF PROJECT MANAGER Vs. COMMISSIONER

JUDGEMENT

(1.) This appeal under Sec. 37(1)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') has been filed against judgment dtd. 20/1/2016 passed by the Trial Court by which petition filed by the respondent No.1 under Sec. 34 of the Act has been allowed and the award dtd. 21/12/2011 passed by the Arbitrator has been set aside and the Trial Court has remitted the matter to the Arbitrator to decide the same afresh in accordance with law.

(2.) We have heard the learned counsel for the appellants at length. It is trite law that Sec. 34(4) of the Act does not empower the Court to relegate the parties to the arbitral award after setting aside the arbitral award. Interpreting the provisions of Sec. 34(4) of the Act, a three Judge Bench of the Hon'ble Supreme Court in KINNARI MULLICK AND ANR. Vs. GHANSHYAM DAS DAMANI,AIR 2017 SC 2785. has held that no power has been invested by Parliament in Court to remand the matter to the Arbitral Tribunal except to adjourn the proceedings for limited purpose mentioned in sub- Sec. (4) of Sec. 34 of the Act.

(3.) In view of aforesaid enunciation of law, the impugned judgment dtd. 20/1/2016 cannot be sustained in the eye of law.