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Judgment
Leave granted.
This appeal takes exception to the judgment and order dated 31.05.2016 passed by the High Court of Punjab & Haryana at Chandigarh in FAO NO. 5923 of 2013 (O&M), whereby the High Court disposed of the appeal preferred by respondent No. 1 under Section 37 of the Arbitration and Conciliation Act, 1996 with directions.
After perusing the impugned judgment, it is unclear whether the award passed by the Arbitral Tribunal has been upheld or set aside. All that we could discern is that the High Court issued direction to the appellant to refund the amount of Rs.3.12 crores.
Needless to observe that in an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, the High Court may either uphold the award or set it aside but cannot issue directions as has been done in the present case.
As a result, we set aside the impugned order and relegate the parties before the High Court for consideration of the appeal afresh on its own merits and in accordance with law. All contentions available to the parties are left open.
The appeal is disposed of accordingly.
Pending applications, if any, stand disposed of.