Supreme Court of India · 2001-02-06
UNION OF INDIA vs MANAGER M/S JAIN AND ASSOCIATES
- Citation / case number
- SC 1999/18299
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- MANAGER M/S JAIN AND ASSOCIATES
- Author
- S.N. PHUKAN. M B SHAH.
- Bench
- S.N. PHUKAN. M B SHAH.
Judgment text excerpt
The Supreme Court held that Order IX Rule 13 of the Code of Civil Procedure is not applicable in cases where no objections under Section 33 of the Arbitration Act, 1940 are filed, and an ex-parte decree is passed based on the award. The Court affirmed that a decree under Section 17 of the Arbitration Act cannot be considered ex-parte if no objections are raised within the stipulated time. Consequently, the application for setting aside the decree was dismissed as it did not meet the necessary conditions for maintainability.