Court Cannot Remand The Matter Under Section 34 Of The Arbitration & Conciliation Act, 1996

Under Section 34, the court does not have the jurisdiction to remand the matter to the arbitrator for fresh decision

IN THE SUPREME COURT OF INDIA

Radha Chemicals v. Union of India
Civil Appeal No. 10386 of 3018 (Arising out of SLP (C) No. 2334/218)
Decided On 10.10.2018

FACTS

The Appellant-Respondent used to supply goods to Union of India (the Respondent-Petitioner, the "UOI") under contracts from November from 1987 to 1991.

Consequently, when the issues and differences arose between the parties, the Appellant-Respondent sent a notice for the matter to be referred to arbitration in 2004.

Subsequent to which on 28.02.2007 the arbitrator made and published the award in favor of the Appellant-Respondent for a sum of Rs. 21,60,440/- (Rupees twenty-one lakh sixty thousand four hundred and forty only) along with 12% interest per annum.