Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASGURPREET SINGH PURI
Punjab Small Industries and Export Corporation and Limited – Appellant
Versus
Narula Build Well Private Limited – Respondent
JUDGMENT :
JASGURPREET SINGH PURI, J.
1. The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 30.10.2025 (Annexure P-11) passed by learned Additional District Judge, Amritsar in execution application whereby the application for recall of the order dated 03.03.2025 has been dismissed and also for setting aside the order dated 03.03.2025 (Annexure P-7) whereby the right to file reply/objection of the petitioners has been directed to be struck off and consequently, the petitioners be allowed to file and place on record reply/objections.
2. Learned counsel for the petitioner submitted that the petitioners are the judgment debtors and an award has been passed against them. He further submitted that the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) filed by the petitioners were dismissed by learned Additional District Judge, Amritsar. Against the aforesaid judgment, an appeal under Section 37 of the Act has been filed which is pending before this Court. However, no interim order has been passed by this Court in the said appeal.
3. Learned counsel further
The court ruled that the right to file objections in execution proceedings cannot be forfeited, emphasizing the principles of natural justice and the right to a fair hearing.
Execution of an arbitral award requires compliance with the 90-day limitation under Section 34; execution petitions filed before this period are impermissible.
An application to set aside an arbitral award must adhere strictly to procedural requirements, failing which it may be deemed non-est, thereby barring the challenge by limitation.
Scope to stay execution proceeding by Executing Court is limited – It is only an interim arrangement enabling the party to obtain stay order from appropriate Court, including Appellate Court.
The judgment establishes the strict interpretation and application of the limitation period under Section 34(3) of the Arbitration Act, emphasizing the requirement for sufficient cause and the mandat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
