ANURAG MALIK Vs. AMIT MALIK

JUDGEMENT

(1.) The two execution petitions have been filed both for execution of the award dated 03.06.2001 of Sh. B. M. Khurana, Sole Arbitrator. Objections have been filed to the execution and the said objections were heard at length. On the last date of hearing, the parties had taken some time to see whether some amicable settlement would be possible taking into consideration the nature of dispute being a family dispute. That has not been done possible and thus the matter has to be decided on merits.

(2.) The two decree holders who have filed the execution are Mr. Amit Malik and Mrs Kamlesh Malik. Smt. Kamlesh Malik is the mother of Mr Amit Malik and Mr. Anurag Malik. The objections have been filed by Sh. Amit Malik. The award has been made and published under the Arbitration and Conciliation act, 1996 (hereinafter referred to as the 'said Act'). No objections to the award u/s 34 of the said Act have been filed by the parties. However in the objections filed to the execution, a plea has been raised that the time period for filing of the objections had not started in view of the fact that no copy of the award was served on the objector.

(3.) The aforesaid objection arises from the fact that according to the objector though the award is singed by the parties, it is not dated. There is no dispute that the award bears signatures of the parties. It is the submission of the objector that the said award is the original award which was signed by the parties and was not dated. Subsequently a copy of the award was engrossed on stamp paper and was registered with the Sub Registrar. It is thus the submission of the objector that such a procedure could not have been followed and copy of the award which has been registered has been handed over to the objector.