Supreme Court · 2006 INSC 755 · Decided 31 October 2006

Paramjeet Singh Patheja v. Icds LTD.

Court
Supreme Court of India
Citation
2006 INSC 755 · [2006] SUPP. 8 S.C.R. 178
Case number
CIVIL APPEAL No. 4130/2003
Decided
31 October 2006
Bench
AR. LAKSHMANAN, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 2(2), 2(14); Arbitration Act Section 35, 4

Headnote

Arbitration and Conciliation Act, 1996; Ss. 35-36/Presidency Towns­ lnsolvency Act, 1909; S. 9 and 9(2): C Arbitration award-Nature of-Issuance of an insolvency notice in pursuance of an award-Correctness of-Held: Since 1909 Act is a statute weighed down with grave consequence of civil death is not an adjudication, an award is not a decree/order for payment-Therefore, it D could not be enforced as a decree-Issuance of Notice under the Insolvency Act is fraught with serious consequences-Such a notice, therefore, could be issued in pursuance of decree/order for payment of money

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