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Supreme Court of India · 2017-04-20

KINNARI MULLICK vs GHANSHYAM DAS DAMANI

Citation / case number
SC 2015/584
Court
Supreme Court of India
Petitioner
KINNARI MULLICK
Respondent
GHANSHYAM DAS DAMANI
Author
A.M.KHANWILKAR

Judgment text excerpt

The Supreme Court addressed whether Section 34(4) of the Arbitration and Conciliation Act, 1996 allows the court to refer parties back to the Arbitral Tribunal after setting aside an arbitral award, even without a request from the parties. The Court held that such power exists, emphasizing the need for judicial efficiency and the intention of the Arbitration Act to minimize court intervention. Consequently, the appeal was allowed, and the matter was remitted back to the Arbitral Tribunal for reconsideration.

KINNARI MULLICK vs GHANSHYAM DAS DAMANI · Niyam