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2017 (12) TMI 559 - SC - Indian LawsAward under Arbitration proceedings - High Court while setting aside the said award directing to carry out the modifications required by it at the risk and costs of the appellants(respondents firm) and in terms of the agreement, the costs thereafter shall be recovered from the earnest money or pending payment - Held that:- The subject matter covered by the aforesaid impugned direction of the High Court was not one of the items of reference to the Arbitrator. If that is so, after setting aside the award the High Court under Section 37 of the Arbitration and Conciliation Act, 1996 was not competent to issue the direction in question in respect of a subject which was not the subject matter of reference to arbitration. Accordingly, while maintaining the order of the High Court insofar as setting aside the award is concerned, the aforesaid direction, extracted above, is interfered with.
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