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salila (student)     27 December 2022

Sec 34 arbitation

under sec 34  of arbitration,district court has set aside,the award passed by commissioner.hence it was sent for fresh arbitration for collector .but nhai is protesting on --1 case is not reminded by district court only made set aside

2 collector has not jurisdiction to fresh award passing

it is strange that on set aside there are many ruling but after setting aside original award ,who got relief for fresh award.and can one get relief

if nay one has any reference of case -which has been decided after setting aside the award in nhai.pl guide .thanks a lot

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Quick Summary
This discussion concerns the implications of an award being set aside under Section 34 of the Arbitration Act. The user is seeking clarification on whether a fresh arbitration can be initiated and who holds the jurisdiction to pass a new award after the original has been nullified. They are looking for legal precedents and guidance on cases where an award was set aside and a subsequent fresh award was issued, particularly within the context of NHAI.

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     27 December 2022

The facts of the case are not stated by you.

Dr J C Vashista (Advocate)     28 December 2022

Seek guidance of your professor / guide / coach / tutor.


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