BHARAT KANTILAL DALAL Vs. GIRDHARLAL NATHUBHAI DALAL

JUDGEMENT

(1.) The applicant, who is the original respondent No.1 in the above execution application along with others, has taken out this Chamber Summons against the claimant / award holder for declaring the award dated 12th July, 2010 a nullity and accordingly for setting it aside and in the alternative for declaring that it stands satisfied.

(2.) It is trite that an award can be declared a nullity only if it is accentuated by fraud or is patently illegal. This Order is modified/corrected by Speaking to Minutes Order

(3.) The applicant would have the award declared a nullity on various grounds though not specified in the affidavit of support of the application. It has been argued that the award is a nullity upon the following aspects :