A good case in arbitration before an arbitral tribunal may have lost its cause for which an aggrieved party may come seeking its examination under section 34 of the Arbitration & Conciliation Act, 1996.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 19th of October, 2022 in which the application by the respondent was held legally not tenable and hence was dismissed. This was seen in the case of Union Of India vs M/S Gee Kay Engineering (Arb P No. 31/2022 CM No. 3900/2022 CM No. 5134/2022). The case was presided over by The Honourable Mr Justice Rahul Bharti.
FACTS OF THE CASE:
This civil miscellaneous application is by the respondent whereby a direction of this Court is sought to allow the respondent to withdraw the award money which has come to be deposited with this Court in terms of the arbitral award. Said award of the Arbitral Tribunal dated 05.03.2020 has come to be questioned by the Union of India as being a party aggrieved before this Court under section 34 of the Arbitration & Conciliation Act, 1996.
The petitioner has registered its serious objection to the said application of the respondent.
According to the court when in a case an arbitral tribunal has passed an award in favour of a particular party then the aggrieved party challenging the said award cannot be expected to see that it is to be called upon to pay the successful party the fruits of the award and then carry on its challenge under section 34 petition.
The court held that the application filed by the respondent was legally not tenable and was dismissed.
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JUDGEMENT REVIEWED BY KRITI GUPTA