Supreme Court of India

Kailash Rani Dang v. Rakesh Bala Aneja & Anr.

Neutral citation
Reported as [2008] 17 S.C.R. 455
Bench Dalveer Bhandari and Harjit Singh Bedi JJ.
Decided 12 December 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the above observations, and the fact that no Iii· misconduct has been alleged against the arbitrator, we must D take it as proved that Subhash Chander had deliberately ---( stayed away from the arbitration proceedings in order to • frustrate and delay the claim of Kailash Rani.

Judgment, page 19

From the headnote

ARBITRATION AND CONCILIATION ACT, 1996: ss.3, 33 and 34 - Execution of ex-parte award - Objections to - HELD: In view of the statement of the postman c that he tendered the envelope to the addressee at his business place but latter refused to accept it, the presumption uls 3 that the document was delivered is attracted - Objection uls 34 having been filed beyond the permissible maximum time of 90 days was rightly rejected by executing court- Code of Civil Procedure, 1908 - Execution of award made by ~ arbitrator. > The appellant filed on 7 .4.2000 an application for execution of the ex-parte

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