Supreme Court · 2001 INSC 75 · Decided 6 February 2001
Union of India and ORS. v. Manager, M/S Jain and Associates
- Court
- Supreme Court of India
- Citation
- 2001 INSC 75 · [2001] 1 S.C.R. 889
- Case number
- CIVIL APPEAL No. 1059/2001
- Decided
- 6 February 2001
- Bench
- M.B. SHAH, S.N. PHUKAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 141; Arbitration Act Section 17, 30, 33, 41; Limitation Act Section 5
Headnote
B Arbitration Act, 1940: Section 17-Judgmen! and decree under-Order IX Rule 13 CPC­ Applicability of--A1mrd-Objectio11 to---Not filed within period of limitation- C Ex-pa rte decree passed and award made rule of court-Application/or setting aside such ex-parte decree not entertained 011 the CPC- Correctness of-Held: In arbitration proceedings there may not be a practice to describe parties as plaintiff or defendant-But that does not mean that 0. D IX R.13 CPC is not applicable to a case where judgment is pronounced under S.17-For a party objecting to an award such decree is
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