Madras High Court judge finds Division Bench orders unworkable after SC judgment, asks litigants to review

Published on : 21 Nov 2025, 11:46 am 4 min read

A single-judge of the Madras High Court recently delivered a sharp critique of Division Bench remand orders in six arbitration cases, stating that the appellate courts failed to discharge their duty by ordering fresh Section 34 hearings without examining or reversing the original findings on merits. [ Electronics Corporation of India v. ICMC Corporation Limited].

Justice N Anand Venkatesh said that this created an “unusual and unprecedented legal conundrum” in which the Section 34 court had no jurisdiction to proceed.

Therefore, he directed litigants to approach the Division Benches with review petitions

The judgment spans six arbitration matters involving public bodies and large infrastructure contracts: ELCOT’s dispute with