Rajiv Shakdher, J.;—

1. By an order dated 22.11.2011 a Division Bench of this court which comprised of Sanjay Kishan Kaul, J and myself (Rajiv Shakdher, J) the captioned appeal was referred to a Larger Bench, to examine the issue as to whether the court while entertaining a petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act) could issue notice restricted to some or one of the grounds on which the award of arbitrator is impugned. A Division Bench of this court in the case of Simplex Engineering & Foundry Works Pvt. Ltd. & Ors. vs Ministry of Railways & Anr. (2011) 184 DLT 640 has come to the conclusion that it is impermissible under the provisions of the Arbitration Act for a court to issue a notice limited to some or one of the grounds of challenge articulated in the petition filed under Section 34 of the Arbitration Act.

GENERAL BACKGROUND

2. For the sake of completion, we may also note that the initial judgment passed on 09.09.2011, in the Simplex case, was corrected on 18.11.2011, as a typographical error had crept in the last paragraph of the said judgment.

3. The issue before the Bench, therefore, is conf