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july 2009

Supreme Court of India · 2009-07-27

FIZA DEVELOPERS & INTER-TRADE P.LTD. vs AMCI (I) P.LTD.

Citation / case number
SC 2009/15521
Court
Supreme Court of India
Petitioner
FIZA DEVELOPERS & INTER-TRADE P.LTD.
Respondent
AMCI (I) P.LTD.

Judgment text excerpt

The Supreme Court addressed the applicability of framing issues in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996. It held that while Section 34(2) requires the applicant to prove specific grounds for setting aside an award, the nature of these proceedings is summary, and thus framing issues as per Order 14 Rule 1 of the CPC is not obligatory. The court affirmed the dismissal of the writ appeal, emphasizing the need for expeditious disposal of applications under Section 34, which do not necessitate the same procedural formalities as civil suits.

FIZA DEVELOPERS & INTER-TRADE P.LTD. vs AMCI (I) P.LTD. · Niyam