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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Karnataka State Medical Supplies Corporation Limited – Appellant
Versus
Plasti Surge Industries Pvt. Ltd. – Respondent
ORDER :
1. The petitioner/Karnataka State Medical Supplies Corporation Limited is at the doors of this Court calling in question execution proceeding in Commercial Execution Petition No.517 of 2023 pending before the LXXXVII Additional Civil and Sessions Judge, Commercial Court, Bengaluru.
2. Heard Sri Udaya Holla, learned senior counsel appearing for the petitioner and Sri E. Christopher, learned counsel appearing for the respondent.
3. Facts in brief, germane, are as follows: -
3.1. The petitioner floats a tender for supply of drugs, chemicals and miscellaneous items connected to the drugs and chemicals for the year 2017-18. The respondent emerges as the successful bidder in respect of the tender and was consequently issued a work order. The petitioner again floats a re-tender for supply of disposable delivery kit. The respondent again participates and emerges as the successful bidder in respect of the said tender also and work order was issued to the respondent. In terms of conditions of tender, the respondent executes a performance bank guarantee for an amount of Rs. 9,09,394/- in favour of the petitioner and additional bank guarantee as necessary. After supplies were completed, in
Parties challenging an arbitral award must do so exclusively under Section 34 of the Arbitration Act; raising new grounds or objections in execution proceedings is impermissible.
Objections under Section 47 of the CPC are not maintainable against arbitral awards under Section 36 of the Arbitration Act, as arbitral awards are not actual decrees.
Execution of an arbitral award requires compliance with the 90-day limitation under Section 34; execution petitions filed before this period are impermissible.
Execution of an arbitral award is not maintainable during corporate insolvency proceedings as approved resolution plans render prior claims extinguished.
1.Arbitral proceedings - Applicability of Act of 1996 – Section 85 (2) (a) of Act of 1996 clear that in case arbitral proceedings is commenced before this Act shall continue in Old Act, 1940 unless o....
The Commercial Courts Act, 2015 grants jurisdiction to Commercial Courts for executing arbitral awards related to commercial disputes, emphasizing expedited resolution.
An arbitral award is unenforceable if it arises from an agreement lacking an arbitration clause; specific incorporation of such clauses in contracts is crucial for validity.
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