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2009 Supreme(Bom) 774

D.Y.CHANDRACHUD
ESKAY ENGINEERS – Appellant
Versus
BHARAT SANCHAR NIGAM LIMITED. – Respondent


Advocates appeared:
Devrat Dhankar, S.S. Phadke - Claimant.
Viral D. Shukla, Sumit D. Shukla - Respondent.

JUDGMENT

DR. D. Y. CHANDRACHUD, J.

This judgment would govern three chamber summons; one taken out by the decree holder and the other two by the judgment debtor. Since all the three chamber summons arise out of an arbitral award under the Arbitration and Conciliation Act, 1996 and the execution proceedings initiated consequent upon the award having attained finality, arguments have been heard together in all the three cases by consent.

Disputes and differences between the decree holder and the judgment debtor came to be referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The arbitral award was made on 7th July, 2005 and in the operative part of the award, the sole arbitrator issued the following directions:

1. The cases where 100% payment has already been made are not to be reopened.

2. The cases where recovery has been resorted to based on surprise checks will be not opened.

3. The cases where 60% payment or no payment has been made, complete payment should be made by September 2005.

4. No cost to the parties.

A petition was instituted by Bharat Sanchar Nigam Limited in order to challenge the arbitral award under Section 34. The petition came
































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