It added that the Supreme Court in M Hakeem, while explaining the extent of the ‘setting aside’ power, has categorically held that modification of the award would clearly not fall within the scope of ‘setting aside’.
The Bench held that the single-judge’s order of December 12, 2018 clearly breached the injunction of the Supreme Court which said that a Section 34 Court can only set aside the award.
“Accordingly, and for all the aforesaid reasons, the instant appeal stands allowed. All pending applications shall also stand disposed of. The orders dated 12 December 2018 and 08 August 2019 as passed by the learned Single Judge are hereby set aside. The Section 34 petition shall in consequence stand restored and placed on the board of the learned Single Judge for consideration afresh and in light of the observations appearing hereinabove,” the Court finally ordered.
Source: Barandbench
