2016 (1) TMI 1411 - HC - Indian Laws

Power to remand the case back to the arbitrator - HELD THAT - The objecting court has no power to remand the matter back to the arbitrator once the court has set aside the award. It is not the case where the arbitrator has omitted to refer to certain claims so exception. Instead of pondering upon the calculations referred to during the course of arguments, I am of the view that the same shall be subject matter of the objecting court. In essence, both the parties shall be given one-one effective opportunity to submit their calculations viz-a-viz amount constituting 75% of the awarded amount as per award dated 21.6.2010 and thereafter the objecting court shall determine 75% of the awarded amount and give another fifteen days' time to the appellant to deposit 75% of the amount. In case of non-deposit of the same, objections shall be deemed to have been dismissed. If otherwise, the objecting court shall decide the matter pragmatically, much less in accordance with law. Appeal disposed off.

Summary

Issues involved:
- Review application dismissal
- Dismissal of objections against the award
- Non-deposit of 75% of the amount as per Act
- Remand of the matter back to the arbitrator
- Calculation of 75% of the awarded amount

Review Application Dismissal:
The judgment addresses the dismissal of a review application regarding objections against an award. The court dismisses the review application, stating no grounds for review are made out.

Dismissal of Objections Against the Award:
The appeals involve the dismissal of objections against an award dated 21.6.2010. The appellants filed objections, but the court held that the deposited amount did not conform to the award. The court also remanded the matter back to the arbitrator based on objections filed by the respondents.

Non-Deposit of 75% of the Amount as per Act:
The appellants argued that they had deposited 75% of the amount as per the Act, but the court dismissed their objections. The court's decision was based on the amount not being in conformity with the award. The judgment cites Section 19 of the Act, which requires a deposit of 75% of the amount to entertain applications for setting aside decrees or awards.

Remand of the Matter Back to the Arbitrator:
The judgment discusses the power of the court to remand matters back to the arbitrator. It references a Bombay High Court judgment, stating that once an award is set aside, the court cannot remand the matter back to the arbitrator. The court sets aside the order remanding the matter back and remands the case to the objecting court for further determination.

Calculation of 75% of the Awarded Amount:
A dispute arises regarding the calculation of 75% of the awarded amount. The judgment directs both parties to submit their calculations to the objecting court for determination. The court emphasizes giving each party an effective opportunity to present their calculations before deciding on the deposit amount.

In conclusion, the judgment dismisses the review application, sets aside the order remanding the matter back to the arbitrator, and remands the case to the objecting court for recalculating the deposit amount based on the awarded sum.