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Award – Objection in execution petition for non-service of signed copy of the award

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The petitioner had purchased a vehicle under hire purchase agreement with the respondent no.1 Bank.  However, there was failure to repay the instalments and arbitration was initiated.   The ex parte Award dated 30.7.2021 for Rs.10,09,397/- with cost and fee was passed. 

The Bank filed execution petition in the Civil Court.  In December, 2022, the petitioner filed the reply.  Thereafter, on 4.11.2023, the petitioner filed application under Section 31(5) of the Act.  The Executing Court, however, rejected the said application.

HELD that the petitioner could have obtained a certified copy of the award from the arbitral records available with the Executing Court instead of filing an application under Section 31(5).   Moreover, non-supply of the signed arbitral award may be a ground for setting aside an award but on this count alone, the execution proceedings cannot be quashed.  The award can be challenged by the judgment debtor only in accordance with section 34(2) of the Act.

Judgment dated 15.1.2025 of the High Court of Chhattisgarh at Bilaspur in WP227 No.39 of 2025 of Amit Kumar Jin Vs. IndusInd Bank and another

 

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