An unregistered arbitration award is procured from a sole arbitrator exparte with fraud….Bank comes to District Court to attach immovable property using award as reference….Award Copy only mentioned dues on credit card...There was no mention of property in award.
Section 17 (1b) of Registration Act., 1908 states that any award which purports to create a charge etc. on immovable property requires compulsory registration.
Admission of the award in evidence offended against the provision of Section 49 of the Indian Registration Act which precludes the admission of a document which is compulsorily registrable under Section 17 of the Act…Section 49 of the Registration Act deals with the effect of non-registration of documents required to be registered. It provides : 'No document required by Section 17 or by any provision of the Transfer of Property Act, 1882, to be registered shall -
(a) affect any immovable property comprised therein, or (b) ...(c) be received as evidence of any transaction affecting such property....unless it has been registered.
So stating the above sections, can bank attach property using a non-registered award…A recent SC ruling has held that award becomes null if its unregistered if it purports creating any right etc on any immovable property.