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2019 Supreme(Mad) 67

ABDUL QUDDHOSE
Chief Engineer – Appellant
Versus
Prakash Constructions – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sri Charan Rangarajan, Special Government Pleader (Civil Side).
For the Respondent: Mr. S.R. Raghunathan.

ORDER :

1. CMP. Nos. 8072 & 8073 of 2018 have been filed by the petitioners to restore the CRPs. which were dismissed for default on 03.02.2017 by this Court. Even though counter affidavits have been filed, the respondent has not raised any serious objection for allowing the applications. This court is also satisfied with the reasons contained in the affidavits and accordingly, CMP. Nos. 8072 & 8073 of 2018 are allowed as prayed for.

2. The point for determination in these revisions is whether a party against whom an Arbitral Award has been passed having lost all avenues to challenge the Arbitral Award under the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act, 1996) is still empowered to raise objections during execution normally available to a Civil Court decree under the provisions of the Code of Civil Procedure, 1908.

Brief facts leading to the filing of the instant revisions under Article 227 of the Constitution of India:

3. The instant Civil Revision Petitions have been filed challenging the separate orders of attachment dated 05.03.2013 passed in E.P.No.27 of 2011 & E.P.No.28 of 2011 respectively by the learned IInd Additional Distric






























































































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