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2006 Supreme(SC) 457

B.N.SRIKRISHNA, TARUN CHATTERJEE
BAL GOVIND LOHIA – Appellant
Versus
NARAYAN PRASAD LOHIA – Respondent


ORDER

1. Heard.

2. Leave granted.

3. The short issue on which this appeal will have to be allowed is as under.

4. On an earlier occasion, when the matter had come before us, this Court in Civil Appeal No. 1382 of 2002 made an order on 28-1-20031. In that order, this Court noticed that the learned Single Judge had set aside the award on several grounds, which were not considered and decided by the Division Bench. When Civil Appeal No. 1382 of 20021 was heard by this Court, this Court noticed that the Division Bench had not expressed its views with regard to several findings made by the Single Judge on different grounds for setting aside the award. Cognizant of this fact, this Court remitted the matter to the Division Bench of the High Court with the following observations:

(SCC p. 254, para 9) .

"9. Accordingly, we dispose of these appeals with the direction that the matters be remitted to the High Court for the Division Bench to consider the other grounds on which the learned Single Judge had set aside the award by its judgment and order dated 17-11-1998, which have not been considered by the Division Bench in its judgment and order dated 18-5-2000."

5. In view of the aforesaid limited o




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