Koshy, J.

For procedural violation, can an arbitral award be set aside under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act’) and whether court has power to remit back the award to the same arbitrator or any other arbitrator vis-à-vis or dehors the power under Sec. 34(4) of the Act are some of the important questions discussed in this judgment.

2. Appellant and first respondent in this case are partnership firms engaged in the business of mining of china clay. Their mines are contiguously situated with a common boundary, running in the north-south direction. They have jointly secured an order for supply of china clay to M/s. English Indian Clays Limited. Since the appellant firm did not get sales-tax registration certificate, the two firms agreed that mining can be started from the respondent’s firm. Mining was started from first respondent’s firm on 23-11-1995. On 23-11-1995, appellant firm also got sales-tax registration and joined the dispatch of clay. Thereafter, some dispute arose between them and on 1-6-1998, the Managing Partner of both firms decided to refer the dispute for adjudication of Shri K.K. Abdul Aziz, second res