SECTION 34 : ( whether-in-a-section-34-petition-the-court-has-the-jurisdiction-to-remand-the-matter-to-the-arbitrator )
Radha Chemicals v. Union of India Civil Appeal No. 10386 of 2018
The Supreme Court reaffirmed its stand taken in Kinnari Mullick and Another vs. Ghanshyam Das Damani, (2018) 11 SCC 328, and held that the court while deciding a Section 34 petition has no jurisdiction to remand the matter to the Arbitrator for a fresh decision. Further, it was held that the discretion of the Court under Section 34(4) to defer the proceedings for specified purpose is limited and can be invoked only upon request by the party prior to setting aside of the Award.