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2023 Supreme(Jhk) 986

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
NCC Ltd. (formerly known as Nagarjuna Construction Company Ltd. ), through its authorized signatory V. Ramamurthy, son of Late V. N. Deekshitulu – Appellant
Versus
State of Jharkhand, through Executive Engineer, Water Ways Division, Chaibasa, Water Resource Department – Respondent


Advocates Appeared:
For the Appellant : Mr. Ajit Kumar, Mr. Rohitashya Roy, Mr. Vikalp Gupta, Mr. Vibhor Mayank.
For the Respondent: Mr. Sachin Kumar, Mr. Ravi Prakash Mishra.

JUDGMENT :

(Anubha Rawat Choudhary, J.)

This Appeal has been filed under section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 read with section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) challenging the judgment dated 23rd December 2019 passed by the learned District Judge-I-cum-Commercial Court, East Singhbhum, Jamshedpur in Arbitration Case No.07 of 2019 whereby the petition filed by the respondent under section 34 of the Act of 1996 has been allowed and the Award dated 29th April 2014 passed by the learned Arbitrator has been set aside on the ground that the Award was unsigned and not prepared on stamp paper and consequently invalid and legally not enforceable. As the Award was held to be not enforceable, the learned Commercial Court has refused to enter into the grounds touching upon the merits of the claims allowed and counter-claims disallowed by the learned Arbitrator.

Foundational facts

2. The background of the case is that the respondent issued a Notice Inviting

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