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2023 Supreme(Del) 345

YASHWANT VARMA
Hindustan Zinc Ltd. – Appellant
Versus
National Research Development Corporation – Respondent


Advocates:
Advocate Appeared:
For the Decree Holder : Mr. Uday N. Tiwaly and Mr. Akshat Tiwaly, Advs.
For the Judgement Debtor: Mr. J. M. Kalia and Mr. Dhruv Kalia, Advs.

ORDER :

1. The present execution petition has been instituted for enforcement of the final award dated 16 June 2014. The judgment debtor has preferred objections styling them as being under Section 47 of the Code of Civil Procedure, 1908, Code. Undisputedly, in respect of the award in question, objections under Section 34 of the Arbitration and Conciliation Act, 1996, Act have been preferred on 13 October 2014 and are still pending.

2. In terms of the objections preferred in these proceedings, it is contended that the sole arbitrator committed a manifest illegality while rejecting the claim of royalty as raised by the respondents herein and allowing a refund in favor of the petitioner. It is further averred that the counter claim which ultimately came to be allowed in terms of the award was also evidence of a manifest illegality having been committed since the same was barred by Section 3 of the Limitation Act, 1963, The 1963 Act, read with Section 43 of the Act.

3. In view of the aforesaid, it was the submission of learned counsel for the objector that the award thus rendered is a nullity and cannot be enforced. The submissions addressed on the objections and purporting to draw suste

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