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.