Supreme Court of India · 1987-02-04
CAPT. (NOW MAJOR) ASHOK KSHYAP vs MRS. SUDHA VASISHT & ANR.
- Citation / case number
- SC 1987/71055
- Court
- Supreme Court of India
- Petitioner
- CAPT. (NOW MAJOR) ASHOK KSHYAP
- Respondent
- MRS. SUDHA VASISHT & ANR.
- Bench
- MUKHARJI, SABYASACHI (J)
Judgment text excerpt
The Supreme Court held that the arbitration award did not create any rights in immovable property nor effect partition, thus it was not required to be registered under Section 17(1)(b) of the Registration Act, 1908. The Court clarified that the award merely indicated entitlements and the cessation of interests upon payment, without creating or extinguishing rights in property. The appeal was allowed, affirming that the award could be made a rule of the court under Sections 15(b) and 16(1)(c) of the Arbitration Act, 1940, despite being unregistered.