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Divya (nil)     23 January 2013

Can a arbitration award be declared as void in a writ petitn

Dear Experts

Can a arbitration award be declared as void or null in a Writ Petition ?

 

My case is as follows:

Everything about arbitration award is ex-parte..No arbitration act 1996 is followed.. No notice is sent of arbitration proceedings and award copy is sent to fake addresses. (All proofs with us)

“Fraud vitiates and nullifies every solemn act and any decree/judgment/order procured by fraud is void and non-est.”

Hence even the arbitration award is void and non-est, and is equally against the principles of natural justice.

When something doesn’t exist legally, why should I set it aside as per Section 34 of Act 1996…

Can I not use a Writ Petition to say that “I need a declaration that the award be adjudged void and unenforceable”

Please assist.

 

Thankyou



 5 Replies

H. S. Thukral (Lawyer)     23 January 2013

when effacacious alternate remedy is available, exercise of writ jurisdiction may be denied. 

R.K Nanda (Advocate)     23 January 2013

writ petition is not the remedy in ur case.

R.K Nanda (Advocate)     23 January 2013

writ petition is not the remedy in ur case.

Advocate Bhartesh goyal (advocate)     24 January 2013

No,Award can be challenged by filing objections u/s 34 of Arbitration and Conciliation act 1996 but can not be challenged through writ.

NPKailaasam (ADVOCATE & Management Consultant)     05 March 2013

Yes,it is correct as per shri Nanda sir.


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