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Ramaprasad (Professor)     18 October 2021

Ia pending but judgement delivered

I had filed an IA in a suit.  Judgement on the suit was delivered on 7.7.2021, but no order on the IA was passed.  What should I do now since the case has been disposed of?



 6 Replies

Shubham Bhardwaj (Practice)     18 October 2021

Dear Mr Ramprasad, 

Although it is very unlikely that a court will not dispose of a IA when disposing of a suit however if I take your word for it, in such a scenario you may take this plea in Appeal proceedings in case the IA was exrremely relevant for the merit of the case. If it was just a procedural one, then you cannot assail the judgment/decree on such a ground. 

Further, if IA is not disposed of and the main suit is disposed of, the IA becomes infructous. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

 

G.L.N. Prasad (Retired employee.)     19 October 2021

In general, when the main suit is disposed of, IAs stand disposed of automatically.  During arguments, generally, IAs must be taken priority.  Go through a copy of the judgment on mention of IAs and all relevant IAs must be heard before going into the main case.

Ramaprasad (Professor)     19 October 2021

Many thanks Shubham ji and Prasad ji.  The suit was u/s 34 of Arbitration Act, filed by my opponent (a stock broker) to set aside the award.  The judgement is in my favour, so I am not appealing.  Looks like my opponent also is not appealing.  I had filed the IA praying for a direction to the stock broker to reverse certain debits he had made to my trading account. An interim order by the court restrained him from further debits, but reversing past debits was deferred till disposal of the case.  The main suit has now been dismissed, but the judgement does not mention the IA at all, although I had addressed arguments on the IA along with my final arguments on the main suit.  So, I would be grateful if a way forward is suggested.  It is more than 3 months since the judgement was delivered.

Shubham Bhardwaj (Practice)     19 October 2021

Dear Mr Ramprasad, 

What I could understand is that an arbitration award was passed in your favor. You did not challenge the said award and accepted it however the other party challenged it u/s 34 of the Arbitration Act. You filed your reply/objections to the challenge along with an IA praying for reversal of debits which the broker had made to your account. The challenge was dismissed and award upheld. 

In this regard please note that as regards you, the award had attained finality and thus you could not pray for additional relief apart from praying for dismissal of section 34 challenge. In case you wanted the reversal of debits already made, the same should have been included in your claim before the Arbitrator. 

Therefore, there is no way forward now and in my opinion nothing can be done. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

 

Ramaprasad (Professor)     19 October 2021

Thank you Shubham ji.  Your summary of the issue (in the first  para) is quite correct.  But I filed the IA halfway through the court proceedings since the debits came to light only then (the broker did not disclose the debits to the arbitrators nor to me).  The IA was heard and an interim order restraining the broker from debiting further was also passed by the court. Is your opinion still the same?

Shubham Bhardwaj (Practice)     20 October 2021

Dear Mr Ramprasad, 

 I ll not be able to give a firm opinion as I have not read the claim, the defense and the award, and Challenge petition. 

However, there is a rule in civil procedure that any relief not granted is deemed to have been refused. Thus it seems that the court has not considered it appropriate to grant such relief as prayed for by you in your IA. Therefore, I dont you can do anything about it now under law. 

Regards

Shubham Bhardwaj (Advocate) 


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