JUDGMENT :

Moushumi Bhattacharya, J.

1. This is an application made by the respondent for seeking adjournment of the proceedings for setting aside of an arbitral Award dated 27th December, 2008 for granting an opportunity to the Arbitrator for eliminating the grounds for setting aside of the arbitral Award. The application has been made under Section 34(4) of the Arbitration and Conciliation Act, 1996 (the Act), which gives the option to a court, in fit cases, to adjourn the proceedings in order to give the Arbitral Tribunal an opportunity to resume the proceedings or to eliminate the grounds for setting aside of the arbitral Award. The applicant herein is the respondent/Award-holder in the proceedings for setting aside of the impugned Award.

2. Mr. Sidhartha Mitra, learned Senior Counsel for the applicant/Award-holder, submits that Section 34(4) of the Act empowers the court to adjourn the proceedings in order to give the Tribunal an opportunity to take such action, as in the opinion of the Tribunal, would eliminate the grounds for setting aside of the arbitral Award. Counsel submits that the petitioner in A.P. No. 99 of 2009 (the application for setting aside of the Award) had rejec