challenge to Award under Section 47 of Code, without recourse to Application under Section 34 of Act, not maintainable - Non delivery of award doesnot nullity the award - only used for computing limitation for filing appeal

Citation

2020 (5) CTC 622 (Mad)

IN THE HIGH COURT OF MADRAS

(Madural Bench)

N. Sathish Kumar, J. T

A.S.(MD) No.9 of 2019.

January 10, 2020

K. Vasudeva Maniakarar; V. Murugesan; V. Parthiban; E. Nivethitha; E. Madhivadhani; P. Anusuya

Vs.

...Appellant

5. Radhakrishnan, Proprietor, Venus Constructions, Old No.42, New No.38, Bhimasena Garden Street, Mylapore, Chennai-600 004; V. Karunakaran; N. Uma Maheshwari

...Respondent

Code of Civil Procedure, 1908 (5 of 1908), Section 47-Arbitration and Conciliation Act, 1996 (26 of 1996), Section 34-Execution of Arbitral Award Challenge under Section 47 of Code Maintainability-Six parties received Award copy from Arbitrator None filed Application to set aside Award under Section 34 of Act-Execution of Award sought by Decree holder - Application filed under Section 47 of Code challenging Award on contention that Award was obtained fraudulently-Held, challenge to Award under Section 47 of Code, without recourse to Application under Section 34 of Act, not maintainable Ratio laid down in Punjab State Civil Supplies Corporation Ltd. v. Atwal Rice and General Mills, followed.