Document Fragment View
Fragment Information
Showing contexts for: constructive knowledge in R. Pounthai, Wife Of G. Rajaram vs The Co-Operative Tribunal (Special ... on 29 July, 1994Matching Fragments
8. In view of what is stated above, I hold that the non-supply of copy of the award free of cost does not make the award unenforceable. Even on the admitted facts of this case, narrated above, it is clear that the petitioner did come to know of the award atleast when the property was brought to auction sale on 25.5.1984, but even thereafter, she did not challenge the award, but she has challenged only the execution proceedings and that too, when the property was directed to be sold for the second time. Further the petitioner having paid a sum of Rs. 4,000 on 25.5.1984 in partial satisfaction of the said award cannot be allowed to challenge the execution proceedings. Thus, the petitioner in this case had knowledge of passing the award actually and constructively. Hence, the said award is binding and conclusive even in terms of paragraph 13 of the aforementioned Judgment of the Supreme Court. Thus, viewed from any angle, I do not find any merit in this writ petition.