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2003 (9) TMI 539 - SC - Indian LawsWhether the District Judge and the High Court, Madras exceeded their jurisdiction in passing the impugned judgments? Whether the appellant or the first respondent had committed a breach of contract? Held that:- Appeal dismissed. As the appellant failed to get that part of the award which was made by the arbitrator in favour of the first respondent, set aside, the basic conclusion of the High Court cannot be faulted. The Court upon setting aside the whole award could have remitted back the matter to the arbitrator in terms of section 16 of the Act or could have appointed another arbitrator, but at this juncture no such order can be passed as the award in part has become final.
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