JUDGMENT

D.Dash, J.

The Appellant, by filing this Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short 'the A&C Act' 1996), has called in question the order dated 18.10.2019 passed by the learned District Judge, Cuttack in ARBP No.87 of 2013. The Respondent as the Petitioner had filed the above numbered application under section-34 of the A & C Act, 1996 for setting aside the award dated 01.02.2013 passed by the Arbitral Tribunal constituted as per the Contract Agreement No.32/CE/C/HQ/BBS/SER/2000 dated 05.05.2000 executed between the Respondent (Petitioner therein) and the Appellant (Opposite Party therein). The learned District Judge has passed the following orders:-

"That the petition u/s 34 of the Arbitration & Conciliation Act, 1996 by the Petitioner is allowed on consent against the Opp. Party, however, in the peculiar facts and circumstance without cost. The impugned arbitral Award dated 01.02.2013 is hereby set aside. The matter is remitted back to the Arbitral Tribunal for fresh adjudication at an early date preferably within a period of three months from the date of receiving back the matter keeping in mind the observation made in this order and