BHASKAR INDUSTRIAL DEVELOPMENT LIMITED Vs. SOUTH WESTERN RAILWAY

JUDGEMENT

(1.) Whether Court has power under Sec. 34 of the Arbitration and Conciliation Act, 1996 to remit the matter to the arbitral tribunal after setting aside an arbitral award, is the question that requires determination in this appeal. The question is answered in the negative.

(2.) This appeal under Sec. 37(1)(b) of the Arbitration and Conciliation Act, 1996('the Act' for short) is directed against an order dated 29.08.2015 passed by the Court of the Principal District Judge, Dharwad, in Arbitration Suit No. 1/2015. The appellant herein was the plaintiff before the trial Court in the aforesaid suit. The aforesaid suit (Application) was filed under Sec. 34 of the Act against an arbitral award dated 06.01.2014. By the impugned order, the arbitral award dated 06.01.2014 has been set aside and the matter is remitted to the arbitral tribunal for reconsideration with a direction to the appellant herein to restore the Bank guarantee. The impugned order was passed by the Court on the application (I.A. No. 2) filed by the respondent-South Western Railway to remit the matter to the arbitral tribunal.

(3.) By consent of learned counsel on both sides, the appeal is finally heard on merits and is being disposed of by this order.