N.R. CONSTRUCTIONS PVT. LTD. versus SRI RAM BADAN SINGH AND ORS.

N.R. CONSTRUCTIONS PVT. LTD. versus SRI RAM BADAN SINGH AND ORS.

Order XXI Rules 18 and 19 of CPC do not apply where applications are for enforcement of two awards in the same arbitration case; provisions are not applicable to adjustment of cross-awards as neither cross-decrees in separate suits nor mutual recovery under same decree exist.

Parties
Appellant: N.R. Constructions Pvt. Ltd.; Respondents: Sri Ram Badan Singh and Ors.
Jurisdiction
India
Judgment Date
09 October 2007
Procedural Posture
Civil Appeal / Final Decision on Appeal Against High Court Order
Outcome
Appeal dismissed
Legal Topics
Applicability of Order XXI Rules 18 and 19 CPC, Adjustment of Cross Awards in Arbitration, Execution Proceedings
Civil Procedure Arbitration Applicability of Order XXI Rules 18 and 19 CPC Adjustment of Cross Awards in Arbitration Execution Proceedings

Case Brief

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Parties

N.R. Constructions Pvt. Ltd.

Appellant

Sri Ram Badan Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal Against High Court Order

Legal Issues

  1. 1 Are Order XXI Rules 18 and 19 CPC applicable to adjustment of cross-awards in the same arbitration case?
  2. 2 Is execution permissible for interim awards under Arbitration Act, 1996?

Ratio Decidendi

Order XXI Rules 18 and 19 of CPC do not apply where applications are for enforcement of two awards in the same arbitration case; provisions are not applicable to adjustment of cross-awards as neither cross-decrees in separate suits nor mutual recovery under same decree exist.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs