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S. G. CHATTOPADHYAY
State of Tripura – Appellant
Versus
Ashes Deb – Respondent
JUDGMENT
S.G.CHATTOPADHYAY ,J. - These civil revision petitions are directed against the common order dtd. 20/8/2022 passed by the District Commercial Court, West Tripura, Agartala in case No. Ex (M) 29 of 2021 and Ex (M) 30 of 2021.
2. The factual context of the case is as under:
In the arbitral proceeding No. 09(SCD) of 2019 in respect of a dispute between Shri Ashes Deb, contractor (petitioner) and the Executive Engineer, Longthorai Division, Public Works Department (R and B) (O.P.) arising out of work order No. F.8(8)/EE/LTV/D/ 3028-39dated 11/12/2019, Shri Justice S.C. Das, former Judge of the High Court of Tripura was appointed as the sole arbitrator in which the following arbitral award was passed on 29/1/2021:
"In view of the discussion made above, the petitioner is entitled to get Rs.29,33,141.00 + Rs.60,93,104.00 + Rs.4,70,000.00+ Rs.2,00,000,.00 total Rs.96,96, 245.00 out of which, an amount of Rs.5,81,500.00, as decided under Issue No. 7, shall be set off and the amount therefore stands at Rs.96,96,245.00 (-) Rs.5,81,500.00 = Rs.91,14,745.00 and on this amount, the petitioner is entitled to get interest @ 9% per annum from 4/12/2018.
The payment of awarded amount of Rs.9
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.
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....
Provision under Section 31(5) of Act is clear that after arbitral award is made, a signed copy shall be delivered to each party.
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.
The modification of an arbitral award does not render the award allowing the claims of the respondent non-enforceable.
The Arbitration and Conciliation Act, 1996 provides a comprehensive mechanism for arbitration, and the CPC's role in enforcement is limited, emphasizing the distinction between an Arbitral Award and ....
The Court emphasized the importance of adhering to the statutory provisions of the Arbitration and Conciliation Act, particularly regarding the filing of Section 34 applications during the pendency o....
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