Calcutta High Court (Appellete Side)
For The vs Ark Builders Private Limited Reported ... on 14 June, 2012
Author: Soumen Sen
Bench: Soumen Sen
1 14.06.2012 8 r.
C.O. 1219 of 2012 Mr. Pramit Roy Mr. Kaustav Chandra Das, ..... for the petitioners.
Mr. Probal Mukherjee, Mr. S. Banerjee, ........ for the O.Ps.
It prima facie appears that the award passed by the learned Arbitrator has not been served upon the petitioner. An award is enforceable under Section 36 of the Arbitration and Conciliation Act, 1996 after the time for making an application to set aside the arbitral award under Section 34 has expired or such application having been made, it has been refused. There is a categorical statement in the application filed by the judgement-debtors that the ex parte award has not been served upon the petitioners under Section 31 Sub-Section (5) of the Arbitration and Conciliation Act. It is the duty of the arbitrator after making an award to send a signed copy of the award to each of the parties to the proceeding.
Mr. Pramit Roy, leaned advocate appearing on behalf of the petitioners in referring to Section 31 (5) of the Arbitration and Conciliation Act submits that in deciding the enforceability of an award the relevant date is when the award duly signed by the arbitrator is delivered to the objector. In this regard, he has relied upon a decision of the Hon'ble Supreme Court in State of Maharashtra & Ors. -vs- Ark Builders Private Limited reported in (2011) 4 SCC 616.
In view of clear assertion and having regard to the fact that this aspect of the matter was not considered in deciding the said application, the present revisional application is admitted. The earlier order of stay granted on 7th May, 2012 is extended until further order.
The arbitrator is directed to file an affidavit as to whether after making of the award, such award was delivered to the parties and if so the mode in which the award was despatched by him. 2 Such affidavit should be filed within a period of two weeks from date of communication of this order by the petitioner.
Let this matter would appear under the heading "For Orders" on 13th July, 2012. Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the parties in compliance of necessary formalities.
(Soumen Sen, J.)