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january 1960

Supreme Court of India · 1960-01-21

CHAMPALAL vs MST. SAMARATH BAI

Citation / case number
SC 1956/23
Court
Supreme Court of India
Petitioner
CHAMPALAL
Respondent
MST. SAMARATH BAI
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the filing of an arbitration award after notice to the parties is not barred by limitation under Article 178 of the Limitation Act, as it applies to applications made by parties, not to the filing of the award by arbitrators. The Court clarified that while the award required registration, the filing of an unregistered award under Section 49 of the Registration Act is permissible. The Court upheld the High Court's decree in terms of the award, rejecting the appellant's claims regarding the jurisdiction of the judge and the misconduct of the arbitrators.

CHAMPALAL vs MST. SAMARATH BAI · Niyam