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2016 (1) TMI 1411 - HC - Indian LawsPower 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.
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