Back
SHEKHAR B. SARAF
State of U. P. – Appellant
Versus
Raj Veer Singh – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
The instant writ application under Article 227 of the Constitution of India has been filed by the State of Uttar Pradesh (hereinafter referred to as the 'Petitioner No. 1') against the order dated May 17, 2022 passed by the Additional District & Sessions Judge, Bijnor. A further challenge has been laid to the orders dated July 21, 2022 and August 2, 2022 passed by the Commercial Court, Moradabad.
FACTS
2. I have laid down the factual matrix leading to the instant appeal below:
b. Disputes arose between the parties in terms of the aforesaid contract. Accordingly, in term of the Clause 42 and 43 of the contract between the parties, these disputes were referred to arbitration.
c. Shri A.K. Gupta, Sole Arbitrator passed the arbitral award on December 12, 2013. Against the said arbitral award, the Petitioner No. 1 preferred an application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred
Objections under Section 47 of the CPC are not maintainable against arbitral awards under Section 36 of the Arbitration Act, as arbitral awards are not actual decrees.
Parties challenging an arbitral award must do so exclusively under Section 34 of the Arbitration Act; raising new grounds or objections in execution proceedings is impermissible.
Judicial interference in arbitration proceedings under Articles 226 and 227 is limited to exceptional circumstances, emphasizing respect for arbitral awards and the need to minimize court involvement....
1.Arbitral proceedings - Applicability of Act of 1996 – Section 85 (2) (a) of Act of 1996 clear that in case arbitral proceedings is commenced before this Act shall continue in Old Act, 1940 unless o....
The enforcement of arbitral awards must comply with the Arbitration Act, and objections under CPC are inadmissible once the time for challenging the award under Section 34 has expired.
Execution of an arbitral award requires compliance with the 90-day limitation under Section 34; execution petitions filed before this period are impermissible.
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 Arbitral Tribunal has the power to rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, a....
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
