- (1.) The appeal is filed challenging the order of learned single Judge wherein learned single Judge has set aside the impugned award dated 19-10-2013 in its entirety without entering into the merits of the claim and further allowed the parties to pursue their remedies in accordance with law. Aggrieved by the same, the appellant is before this Court contending that the award is an outcome of a reasoning by the arbitrator and there was no justification in setting aside the award of the arbitrator. Learned counsel for the appellant relies upon in the case of Somdeb Builders Ltd. vs. State of Kerala, 2009 10 SCC 259 to contend that mere insufficiency of reasons would not be a ground to set aside the arbitration award.
(2.) We have gone through the said judgment. As against this argument learned counsel for the Respondent-Railways contends that the appellant does not deserve any concession and in the light of observations of learned single Judge the award was without any reasoning and that the parties are at liberty to pursue their further course of action.
(3.) So far as remanding the matter for fresh arbitration, learned counsel for the appellant submits that the matter has to be placed before the same arbitrator who passed the award, but according to the learned counsel for the respondents, it can be placed before any retired Railway arbitrator.;