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2017 (7) TMI 1250 - SC - Indian LawsAppointment of Arbitral Tribunal for deciding the disputes - disputes regarding non-payment of their bills - contract for construction of "sports complex" at Pune - Held that:- We are constrained to allow the appeals, set aside the impugned order and remand the case to the High Court for deciding the appeal afresh on merits. The need to remand the case to the High Court has occasioned due to the reason that the High Court while dismissing the appeal did not set out even the factual controversy properly much less in detail and nor dealt with any of the grounds taken by the parties in their pleadings and in appeal in support of their respective contentions - The High Court erred in not recording any finding much less reasoned finding keeping in view the stand of the parties taken in the pleadings and the grounds of appeal. The High Court also erred in not pointing out as to why the order of the District Judge is legally sustainable calling no interference therein. If the High Court decided to embark upon the merits of the appeal then it should have recorded findings by dealing with all the issues arising in the case. It was, however, not done and hence it calls for interference by this Court. We cannot countenance the approach and the cryptic reasoning of the High Court and are, therefore, constrained to set aside the impugned order and remand the case to the High Court for deciding the appeal afresh on merits in accordance with law - appeal allowed by way of remand.
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