9911796707
|
Home
Issues Involved:
The issues involved in this case include the registration of an award under the Arbitration Act, 1940, the interpretation of the Registration Act, 1908 regarding the limitation period for registration, and the impact of court orders on the registration process. Registration of Award: The case involved an unregistered deed of agreement between brothers for partition of properties, which was later registered. The dispute arose when the award based on this agreement was presented for registration beyond the stipulated time limit of four months from its execution. The High Court held the registration void due to being beyond the time limit. Interpretation of Registration Act: The Registration Act, 1908 sets a four-month time limit for registration, with provisions for extension in certain circumstances. The High Court ruled that any registration beyond the specified period would be void. However, the court considered the period during which the award was in the custody of the court as an exception to the time limit. Impact of Court Orders: During the period when an interim injunction was in place, the arbitrators were prevented from taking further steps, including registration of the award. The court emphasized the principles of equity and impossibility in relation to compliance with court orders and the registration process. The court ultimately set aside the High Court's decision and restored the Sub-Registrar's order for registration. In conclusion, the Supreme Court allowed the appeal, setting aside the High Court's decision and restoring the Sub-Registrar's order for registration. The court emphasized the importance of considering the period during which the award was in the custody of the court and the impact of court orders on the registration process. The judgment highlighted the principles of equity and impossibility in relation to compliance with court directives and the registration of awards affecting immovable properties.
|
