M/S Ujaas Energy Ltd vs Oil India Ltd
2023 Latest Caselaw 589 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 14/2023

M/s Ujaas Energy Ltd., Survey No. 211/1, Opp. Sector-C, Metalmen Sayar Road, Industrial Area, Indore-42015 Through Authonsad Representative Salahuddin Ahmed (A.g.m.) S/o Shri Saleemuddin Ahmed, Aged 48 Yrs.

----Appellant Versus

1. Oil India Ltd., Through Its Head Services, 2A Saraswati Nagar, Distt. Shopping Centre Jodhpur.

2. Arbitration Tribunal Justice Shri Y.r. Meena, (Retd.), Shri Ajay Kumar Jain And Shri Sukhjinder Singh, Address- 20/15, Ambedkar Marg, Mansarovar, Jaipur (Raj.)

----Respondents

For Appellant(s) : Mr. K.K. Shah

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MS. JUSTICE REKHA BORANA

Order

13/01/2023

The present appeal has been filed against the order dated

23.11.2022 passed by the Commercial Court No.1, Jodhpur

whereby the objections under Section 34 of the Arbitration and

Conciliation Act, 1996 (for short hereinafter referred to as, 'the Act

of 1996') as preferred by the claimants have been allowed and the

arbitral award dated 07.10.2019 has been set aside. However,

while setting aside the award, the learned Court below proceeded

on to remand the matter back to the same arbitral Tribunal for

decision afresh.

Learned counsel for the appellant submitted that the learned

Court below, after setting aside the award, could not have

(2 of 2) [CMA-14/2023]

remanded/remitted back the proceedings to the same arbitral

Tribunal. Learned counsel relied upon the judgment passed by the

Hon'ble Apex Court in the case of Kinnari Mullick and Anr. vs.

Ghanshyam Das Damni reported in (2018) 11 SCC 328

wherein it has been held that power of the Court under Section 34

of the Act of 1996 is not to remand the matter to the arbitral

Tribunal after setting aside the arbitral award.

In view of the submissions made, Admit. Issue notice.

Notices be filed in two sets. On the same being filed, one set

be given 'dasti' to learned counsel for the appellant for service

through registered post acknowledgment due.

Meanwhile operation and effect of the order dated

23.11.2022 to the extent it directs remand of the matter to the

same arbitral Tribunal shall remain stayed.

                                   (REKHA BORANA),J                                       (SANDEEP MEHTA),J


                                    10-T.Singh/-









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