Single Judge of Bombay High Court disposed of a Writ Petition challenging an order mandating execution proceedings over a lapsed draft arbitration award, quashing the order and expediting the underlying suit.
Order dated 19.03.2021 quashed; Special Civil Suit No. 1038/1996 expedited to conclude within eight weeks; no further fresh applications permitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1. CIVIL WP-6800-22 & IA-6475-24.docx
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6800 OF 2022 WITH
INTERIM APPLICATION NO. 6475 OF 2024
Union of India .. Petitioner
Versus M/s. Duwell Agency, Pune .. Respondent
CORAM : MILIND N. JADHAV, J. DATE : MARCH 8, 2024
P. C.:
have to be registered as Execution Proceedings and further consequential steps to be taken have been directed in the order.
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1. CIVIL WP-6800-22 & IA-6475-24.docx
stage, Petitioner made two unsuccessful attempts to challenge the said Award. From the pleadings which are in fact placed on record by the Respondent in its affidavit-in-reply dated 04.12.2022, it is seen that an Application was filed on 15.07.1996 for condonation of delay of 130 days caused in filing the draft Award before the Civil Court. Incidentally the delay was not condoned and the Application was dismissed resultantly leading to the said Award having remained as a draft Award. It is further seen that further attempt was made one year thereafter by filing Misc. Application No. 195/1997 to challenge the Award this time. It is seen that this challenge to the Award was filed before the Civil Judge Senior Division, Pune whereas the earlier Application seeking condonation of delay was filed before the Joint 4th Civil Judge Senior Division, Nasik. This Misc. Application No. 195/1997 was dismissed on 23.08.2012 for default and due to the Applicant not taking any steps. That order is at page No. 68 of the Petition.
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1. CIVIL WP-6800-22 & IA-6475-24.docx
explanation whatsoever for that, in so far as the issue of challenge to the Award is concerned, the said Misc. Application was dismissed for default which is gathered from the order dated 23.08.2012.
(i) Special Civil Suit No. 1038/1996 is expedited and directed to be concluded within a period of eight weeks from today;
(ii) Order dated 19.03.2021 stands quashed and set aside;
(iii) No further fresh Application or proceedings shall be permitted to be filed by any party and it shall be at the discretion of the Court.
Amberkar
Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date: 2024.03.12 15:02:19 +0530
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1 issue framed by the court
Whether the order directing proceedings to be registered as Execution Proceedings should be set aside in light of lapsed draft award and procedural delays.
Union of India
M/s. Duwell Agency, Pune
MILIND N. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
