NARAYAN PRASAD LOHIA versus NIKUNJ KUMAR LOHIA

NARAYAN PRASAD LOHIA versus NIKUNJ KUMAR LOHIA

Since the order of the Single Judge setting aside the arbitration award remained unchallenged and undisturbed after the Division Bench dismissed the subsequent appeal as infructuous, the award did not exist in law and could not be executed.

Parties
Appellant: Narayan Prasad Lohia; Respondent: Nikunj Kumar Lohia
Jurisdiction
India
Judgment Date
25 November 2008
Procedural Posture
Civil Appeal / Appeal Against Division Bench Order of Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Arbitration Award Execution, Family Settlement, Setting Aside of Award, Withdrawal of Objections, Infructuous Appeal
Arbitration Civil Procedure Arbitration Award Execution Family Settlement Setting Aside of Award Withdrawal of Objections Infructuous Appeal

Case Brief

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Parties

Narayan Prasad Lohia

Appellant

Nikunj Kumar Lohia

Respondent

Procedural Posture

Civil Appeal / Appeal Against Division Bench Order of Calcutta High Court

Legal Issues

  1. 1 Whether an arbitration award set aside by the High Court can be executed when subsequent appeals are dismissed as infructuous due to out-of-court settlements
  2. 2 Effect of dismissal as infructuous on subsisting orders setting aside an award

Ratio Decidendi

Since the order of the Single Judge setting aside the arbitration award remained unchallenged and undisturbed after the Division Bench dismissed the subsequent appeal as infructuous, the award did not exist in law and could not be executed.

Court Disposition

Appeal dismissed

Orders

  • Supreme Court upheld the Division Bench order holding there was no award in existence and thus execution was not maintainable
  • No order as to costs