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2025 Supreme(Online)(Mad) 67585

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr N. Anand Venkatesh, J
Electronics Corporation of Tamil Nadu Limited – Appellant
Versus
ICMC Corporation Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr.E.Srikanth, Mr.Anirudh Krishnan for Mr.Adarsh Subramanian, Mr.P.J.Rishikesh, Ms.Gopika Nambiar
For the Respondents:Mr.M.S.Krishnan Senior Counsel for Mr.J.James, Mr.R.Ramanlal Additional Advocate General Asst.By:Mr.R.Siddharth Additional Government Pleader, Mr.V.Lokesh Kumar, Mr.P.J.Rishikesh

COMMON ORDER

These batch of cases raise an unusual and unprecedent legal conundrum. These petitions under Section 34 of the Arbitration and Conciliation Act, 1996 have been placed before this Court pursuant to various orders of remand passed by a Division Bench of this Court in statutory appeals under Section 37 of the Arbitration and Conciliation Act, 1996 . The grievance of the appellants before the Division Bench was that the learned single judges, whose orders were on appeal, had modified/severed certain portions of the award which was impermissible in a legal drill under Section 34 in view of the decision in NHAI Vs. M.Hakeem (2021) 9 SCC 1 . At the relevant point of time when these cases were disposed by the Division Bench the decision in M. Hakeem, was pending reference before a Larger Bench. The Division Bench has remanded these cases to the Section 34 Court for a de-novo hearing without going into the merits of the respective cases.

2.At the outset, this Court is aware that the orders of remand have been passed by consent. They have not and cannot be challenged. In normal circumstances, the Court to which the remand is made cannot defy the order of remand. But this is not a

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