Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996 - ss. 35 and 36 - Dispute between the parties - Money award passed by the arbitrator. attained finality - Execution petition by the decree holder uls. 36 for enforcement of the award against judgment debtor - Dismissal of. by the executing court upholding the objections raised by the judgment debtor against the award Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 - ss. 35 and 36 - Dispute between the parties - Money award passed by the arbitrator. attained finality - Execution petition by the decree holder u/s. 36 for enforcement of the award against judgment debtor - Dismissal of. by the executing court upholding the objections raised by the judgment debtor against the award - Said order upheld by the High Court - On appeal, held: Both the courts-execution court and the High Court neither set out the facts much less properly nor dealt the issues arising in the case and nor applied the principle of law - Orders showed the total non-application of mind thus, wholly perverse, illegal and without jurisdiction - Courts below did not decide any of the objections raised by the judgment debtor. in fact, they were not even referred to in the orders - More so, having regard to the nature of objections, they were not capable of being tried in execution proceedings to challenge the award - Objections were not in relation to the jurisdiction of the court - inquiry into facts, could not be held in execution proceedings in relation to such award/decree - Thus, the objections rejected being wholly devoid of any merits - Further. no amount was paid by judgment debtor to the decree holder pursuant to the award/decree so as to enable the executing court to record its full satisfaction in accordance with the provisions of 0. 21 rr. 1 and 2 - Thus, the execution application flied by decree holder for execution of the award/decree was maintainable - Order passed by the High Court and the executing court set aside - Code of Civil Procedure, 1908 - 0. 21 rr. 1 and 2.Code of Civil Procedure, 1908- 0. 21 rr. I and 2 - Payment of decretal dues by the judgment debtor - Mandatory requirements - Stated.Execution petition - Execution of decree by execution A. court - Held: Execution court hasĀ· to execute the decree as it is and it cannot go behind the decree - Also, executing court cannot hold any kind of factual inquiry which may have the effect of nullifying the decree itself but it can undertake limited inquiry regarding jurisdictional issues. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 606 |
Petitioner | Punjab State Civil Supplies Corporation Ltd. & Anr. |
Respondent | M/s Atwal Rlce & General Mills Rep. By Its |
SCR | [2017] 8 S.C.R. 198 |
Judgement Date | 2017-07-11 |
Case Number | 8943 |
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