Arbitration award registration for property attachment

nil

Dear Sir/mam

 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.

 

 Thankyou

 

 
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You seems to be more well informed about law  than normal experts on this site wjp just give inputs to score points.

 
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nil

thankyou Sir,

Well i try to follow ur advice.

 
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Student

Ms.Divvya,

I beg to differ and would like to state as hereunder : -

Even presuming but not admitting that the Award has been procured fraudulently ex parte you have a remedy u/s 34 Arbitration and Conciliation Act wherein apart from what has been stated in your thread under reply you may say that you were never served with the process and hence could not get the opportunity to present your defence.  Even otherwise within one month of getting the copy of the award served either of the party with notice to the other party may approach the Arbitrator seeking clarification including but not limited to being proceeded ex parte wrongly.  

Last but not least on the question of attachment of property yes the other party in view of the provisions of Order 38 Rule 5 has a right to seek attachment before judgement as the filing of award in the Court is a step forward to make it a rule of Court (judgement).  

I hope this clarifies your query

Thanks and best regards

Daksh

 
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