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Shree Ram Junawa Industries (M/s.) vs. Ronak Steels

46.00 4.60

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Code of Civil Procedure,1908–Sec. 47–Arbitration & Conciliation Act, 1996–Secs. 34 & 10–Minor, Small & Medium Enterprises Development Act, 2006–Secs. 16 & 19–Execution proceedings–Objection that the third member of Arbitration Tribunal had passed away, and the award was signed only by two members–Further, the execution proceeding was premature and award was not sufficiently stamped–When the Tribunal principally passed the award, the third member was alive–Appeal of petitioner was dismissed because he did not deposit the 75 per cent amount despite giving the undertaking–He used different forums to deny the decree holder the fruits of decree–Challenge to execution of award was barred by res judicata as the award had attained the finality–Further, the execution application was filed after the prescribed limitation –Held, no merit is found in the objections and these were rightly rejected.