Held that an application to set aside a supplementary order for execution of an arbitral award must be closed and dismissed since the arbitral award itself was set aside in a previous judgment.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 04TH DAY OF MARCH 2022
THE HON'BLE MR. JUSTICE P.VELMURUGAN
A.No.1671 of 2018 in E.P.No.147 of 2016
Arbitration Case No.6/2016
(Before the Sole Arbitrator Hon'ble Justice Mrs.K.B.K.Vasuki, (Retd.) Chennai)
(Under Section 36 of Arbitration and Conciliation Act, 1996 read with Order 21 Rule 32 of Code of Civil Procedure, 1908)
S/o Varadarajan, 56, Jayapuram , 4th Street, Police Line, Tindivanam- 604 001
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Both residing at No.119/17, G.Gandhi Road, Cheyyar-604407
..Judgement Debtor /Defendant 1to -3
..Garnishee
A.No.1671/2018:
The Punjab National Bank, No.46-49, Royapettah High Road, Anna Salai Branch, Royapettah, Chennai - 600 002
..Third Party/Garnishee
-Vs-
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This application praying that this Hon'ble court be pleased to set aside the order dated 11/10/2017 passed in E.P.No.147 of 2016 and consequently recall the direction issued to the applicant bank.
This Application coming on this day before this court for hearing the court made the following order:
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As the arbitral award itself has been set aside by the judgment of
this Court in CMA.No.3378 of 2017 on 20.10.2021, nothing survives for further adjudication in this application filed to set aside the order dated 11.10.2017 passed in E.P.No.147 of 2016 which was ordered for execution of arbitral award dated 16.08.2016. Therefore, this application is closed.
Sd/-P.V.J. 04.03.2022
//Certified to be a true copy//
Dated at Madras this the day of 2022.
SU/09.03.2022 COURT OFFICER(O.S.)
From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the execution application should be dismissed as the underlying arbitral award has been set aside.
Colour shows how this judgement treated each authority
CMA.No.3378 of 2017Relied on¶37
CMA.No.3378 of 2017
The Punjab National Bank
Mr. Dinesh Kumar Sarawagi
Mr. V. SHAJI
Mr. SHANAVAZ
M/S SULAIMAN STEELS PRIVATE LTD.
A.FEROZ KHAN
P. VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
