Structural Engineers Associates Vs. Union of India

Structural Engineers Associates vs Union of India

Type Court Judgment Court Delhi Decided Jan 06, 2000

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Citation: sooperkanoon.com/699030
Court: Delhi High Court
Judge: Mukul Mudgal, J.
Decided On: Jan 06, 2000
Case Number: Suit No. 1850 of 1999
Subject: Arbitration

Case Summary

AI-generated summary - not the official court judgment text.

In the instant case, a notice was served on the respondent for filing the award - It was found that the respondent failed to file the objection in spite of service of the notice - Hence, under Section 17 of the Arbitration Act, 1940, the award was made the rule of the Court -

Key legal issue: Arbitration
Acts & sections: Arbitration Act, 1940 - Sections 17

Parties & Advocates

Appellant / Petitioner

Structural Engineers Associates

Advocate Mr. R. Rajappan Adv

Respondent

Union of India

Legal References

Acts: Arbitration Act, 1940 - Sections 17
Reported In: 2000IIIAD(Delhi)636

Excerpt

in the instant case, a notice was served on the respondent for filing the award - it was found that the respondent failed to file the objection in spite of service of the notice - hence, under section 17 of the arbitration act, 1940, the award was made the rule of the court - ordermukul mudgal, j.the order of the joint registrar dated 2.12.99 reads as follows:-'notice of filing of award is reported to have been served upon the respondent union of india on 28th september, 1999. objections are not on record. subject to registry confirming that objections have not been filed, the award be placed before the hon'ble court on 6.1.2000 for consideration. the claimant does not wish to file objections. vakalatnama on behalf of the claimant be filed within a week.'2. the matter has been thereafter placed before the court today. pursuant to the above order no objections are on record on behalf of the respondent inspire of the service having been effected on 28.9.99.3. accordingly in accordance with section 17 of the arbitration act, 1940 the award dated 7.7.1999 is made a rule of the court and decree in terms thereof be drawn. if the amount due under the award is paid within 3 months from today, the award shall not carry any future interest. however, if the payment is not made within 3 months from today the awarded amount shall carry interest at the rate of 12 per cent per annum from the date of the decree till realisation. there shall be no order as to costs. decree sheet, be drawn up accordingly.

Full Judgment

ORDER

Mukul Mudgal, J.

The order of the Joint Registrar dated 2.12.99 reads as follows:-

'Notice of filing of award is reported to have been served upon the respondent Union of India on 28th September, 1999. Objections are not on record. Subject to registry confirming that objections have not been filed, the award be placed before the Hon'ble Court on 6.1.2000 for consideration. The claimant does not wish to file objections. Vakalatnama on behalf of the claimant be filed within a week.'

2. The matter has been thereafter placed before the Court today. Pursuant to the above order no objections are on record on behalf of the respondent inspire of the service having been effected on 28.9.99.

3. Accordingly in accordance with Section 17 of the Arbitration Act, 1940 the award dated 7.7.1999 is made a rule of the Court and decree in terms thereof be drawn. If the amount due under the award is paid within 3 months from today, the award shall not carry any future interest. However, if the payment is not made within 3 months from today the awarded amount shall carry interest at the rate of 12 per cent per annum from the date of the decree till realisation. There shall be no order as to costs. Decree sheet, be drawn up accordingly.

Same Court & Year Delhi · 2000 Same Parties Structural Engineers Associates vs Union of India Same Subject Arbitration Same Judge Mukul Mudgal, J. Acts & Sections Arbitration Act, 1940 - Sections 17

Arbitration