KAMINI SADH Vs. MOHAN LAL CHANDER PRAKASH

JUDGEMENT

(1.) THIS petition assails the order dated 23.10.2007 of learned ADJ whereby the petition under Section 34, Arbitration and Conciliation Act (for short the 'Act') filed in his court against the arbitral award of Arbitrator, Delhi Hindustani Mercantile Association, was referred back to the Arbitrator.

(2.) THE dispute had arisen between the parties. The matter was referred to the Arbitrator, Delhi Hindustani Mercantile Association. During arbitral proceedings, the Arbitrator had framed three issues, one of which being as under:

(3.) THE main thrust of contention of the learned counsel for the petitioner is that after the arbitral proceedings were terminated by the Arbitrator, it became functus officio and could not resume the arbitral proceedings. It is also his submission that the court was either to accept or reject the award, and could not have referred back the matter to Arbitrator to resume proceedings. Reference in this regard is made to Section 32 (3) of the Act, which reads thus: