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2009 Supreme(Cal) 870

SANJIB BANERJEE
ASSAM STATE WEAVING AND MANUFACTURING CO. LTD. – Appellant
Versus
VINNY ENGINEERING ENTERPRISES (P) LTD. – Respondent


Advocates Appeared A.CHAKRABORTY, ABHRAJIT MITRA, Anirban Ray, ANIRUDDHA MITRA, DIPAK DEY, JAYANTA BANERJEE, NOELLA BANERJEE, SAKYA SEN

SANJIB BANERJEE, J.

( 1 ) A legal question of some importance has arisen with only a solitary precedent of some vintage rendered on-an interpretation of the previous avatar of the current applicable statute brought as a guiding light.

( 2 ) AN award-holder seeks to implement an arbitral award of December 22, 2008. By the award substantial sums have been found due and owing from the first judgment-debtor. The award-holder says that upon the expiry of the statutory period as envisaged in section 34 of the Arbitration and Conciliation act, 1996 and the award ripening for implementation as a deemed decree under section 36 of the Act, the award-holder caused such decree to be transmitted from Guwahati to this Court.

( 3 ) THE two parties arrayed as judgment-debtors have taken out GA No. 2864 of 2009 and GA No. 2763 of 2009, respectively, seeking dismissal of the execution proceedings on the identical ground that they have not been furnished copies of the award by the arbitrator.

( 4 ) THE award-holder instituted a money suit before a Court in Kamrup, guwahati alleging that the first award-debtor had wrongfully received payment under an agreement of June 22, 1992 without supplying the mat






































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