R.N. MADAN Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE appellant has essentially challenged the conclusion reached by the learned Single Judge in the impugned judgment, dated 21st December, 2012, remanding the matter to the Arbitrator for reconsideration of the matters in issue.

(3.) COUNSEL for the respondent has placed reliance on the decision of the Apex Court in McDermott International INC. versus Burn Standard Co. Ltd. & others. (2006) 11 SCC 181. We are afraid that this reported decision is not an authority on the proposition that arises for consideration. On the contrary it reinforces the contention of the appellant that the Court may only defer the proceedings for a limited period to give opportunity to the arbitral tribunal to resume the arbitral proceedings or to take such other action as in its opinion will eliminate the grounds for setting aside the arbitral award.