Supreme Court of India
Bhawarlal Bhandari v. M/s Universal Heavy Mechanical Lifting Enterprises
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3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid rival contentions, the following points arise for H our consideration : - B. BHANDARI v.UNI. HEAVY MECH. LIFTING ENTERP. [S.B. MAJ.MUDAR, J.] 337 (i) Whether the award decree dated 2.6.1989 was a nullity being A barred by limitation. (ii) Whether the executing Court can go behirid such a decree. (iii) Whether any interference under Article 136 of the Constitution is called for.
Judgment, page 6
From the headnote
Civil Procedure Code, 1908-Section 47-Jurisdiction of executing court to go beyond the decree-Repayment of loan-Dispute-Arbitration- Award-Execution proceedings-Objection that decree a nullity as award was passed beyond the period of limitation-Objection overruled by executing court-However, Division Bench of High Court remanding the matter for re examination-On appeal, held, executing court cannot go beyond the decree unless it is passed by a court without jurisdiction-Decree passed beyond the period of limitation can be corrected in appellate proceedings-Thus High Court not justified in
Authorities it was built on
Where later benches applied it
- 2013 Ongc Ltd. v. M/s. Modern Construction and Co.
- 2009 Haryana Vidyut Parsaran Nigam Limited & Anr. v. Gulshan Lal & Ors.
- 2007 Darshan Singh v. State of Punjab
Of those, 1 relied on · 2 mentioned
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