Haryana State Agricultural Marketing Board v. M/S Karna Construction Co. & ANR.

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH C.R. No.379 of 2011 (O&M) Date of Decision.20.12.2016 Haryana State Agricultural Marketing Board .......Petitioner Vs M/s Karna Construction Company and another ........Respondents

Present:

Mr. Sandeep Moudgil, Advocate for the petitioner.

Mr. Arun Gupta, Advocate for respondent No.1.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) The petitioner-judgment debtor is aggrieved of the impugned order dismissing the objections filed against execution of the Award whereby the respondents have been held entitled to compensation as indicated in the Award. The Award had attained finality, in essence, no objections under Section 34 of the Arbitration and Conciliation Act, 1996 have been filed. Even the objections have been filed only in the execution petition. In my view, once the statutory remedy that is too when the objections were falling within the realm of Section 34 of the 1996 Act, have not been availed, the Executing Court cannot go behind the Award. The objections filed in the execution petition, in my view, were devoid of merit and misconceived, rightly so, have been dismissed. For the reasons aforementioned, I do not find to differ with the order under challenge. No ground for interference is made out. The revision petition is dismissed.

(AMIT RAWAL) JUDGE December 20, 2016 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2016.12.23 11:58 I attest to the accuracy and integrity of this document