Osiyer Roy vs Satnarayan Roy

Ravi S. Dhavan, C.J.—This revision has been filed to raise a technical and legal plea to the effect that should an award be not challenged u/s 34 or otherwise of the Arbitration and Conciliation Act 1996 ? Would the award obtain a finality?

The court views the situation that the revisionist has taken a plea which is inequitable. Once the parties had agreed to resolve disputes between them that a sum of Rs. 2,78,965/- would, be paid by the opposite party-Petitioner Osiyer Roy and the award had been acted upon after the payment of Rs. 46,000/- but challenged the award midway is not appropriate and against the balance of convenience and equity both.

A faint plea is raised that the award had not been challenged. The fact that the finality is being questioned because an objection was not raised under the Act tantamount the same thing. The court can question that the balance which was to be paid, that is Rs. 2,32,965 with interest from whichever date it was due. The time given, 15 days was too short. This time could be enlarged and it is enlarged to two months from today. But the fruits of the award cannot be challenged and parties are bound by the award as was sought by the them before a Panchayat.

With the revisionist being permitted two months to deposit the balance payment before the executing court (Sub Judge-1, Chapra) in Execution Case No. 6 of 2002, further execution proceeding shall remain stayed. If the amount is not deposited the execution proceeding shall be put in motion forthwith.

With the aforesaid observations, the civil revision petition stands dismissed.