9911796707
TMI Blog2022 (5) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... When the statute provides a further remedy by way of appeal against the award and even against the order passed by the learned trial Court making the award a decree of the court, the High Court ought not to have entertained the writ petition and ought not to have set aside the award, in a writ petition under Articles 226 and 227 of the Constitution of India. In that view of the matter the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside. Impugned Judgment and Order passed by the High Court is set aside - Appeal allowed. - CIVIL APPEAL NO. 3479 OF 2022 - - - Dated:- 4-5-2022 - M. R. SHAH And B. V. NAGARATHNA , JJ. JUDGMENT M. R. Shah, J. 1. Feeling agg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Articles of Agreement and the procedure as required under Clause 56 was not followed. By the impugned judgment and order the High Court has set aside the award made by the learned Arbitrator on the ground that the procedure as required under Clause 56 had not been followed. Consequently, the High Court has remanded the matter for de novo consideration. 1.3 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, the original claimant has preferred the present appeal. 2. Having heard learned counsel appearing on behalf of the respective parties and considering the impugned judgment and order passed by the High Court, we are of the opinion that against the award made by the learned Arbitrato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the above and for the reasons stated above, present Appeal succeeds. Impugned Judgment and Order passed by the High Court is set aside. However, liberty is reserved in favour of the respondent to take further recourse to law under the provisions of the Arbitration Act, 1940 and in accordance with law against an award made by the learned Arbitrator and the order passed by the learned trial Court passed as per Exhibit 10 making the award a decree of the court and if such proceedings are initiated within a period of four weeks from today, the same be considered in accordance with law and on its own merits without raising the issue with regard to limitation. It goes without saying that the amount already paid to the appellant original cla ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
