Hon’ble High Court held that though Court below may not be right in the reason for not remitting the matter to the Arbitrator, but once a decision is made in Section 34 application, the Court has no power to remit the arbitration matter to the Arbitrator. As per Section 34(4) of the Act, 1996, if the Court deems it appropriate and it is so requested by a party, adjourn the proceedings in the case to give Arbitral Tribunal opportunity to resume the arbitral proceedings or to take such other action as in the opinion of Arbitral Tribunal would eliminate the grounds for setting aside the arbitral award. Even this course is available only upon a written application made by a party and not suo-moto. Thus, after a decision is made issue of remitting to the Arbitrator does not arise. Only course available to the Court in the application under Section 34 is to set aside or to uphold the award.
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