LAWS(BOM)-2009-8-123

KOTAK MAHINDRA PRIME LTD Vs. AMIN THARANI

Decided On August 07, 2009
KOTAK MAHINDRA PRIME LTD Appellant
V/S
AMIN THARANI Respondents

JUDGEMENT

(1.) HEARD finally.

(2.) THE Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (the Act), as Respondent in spite of agreement committed various defaults in making payment and the amount is now due to the extent of Rupees Thirteen Lacs and more. The Award is already pad against the Respondent in the month of April, 2009.

(3.) THE missions based upon the Supreme Court Judgment in national Aluminium Co. Ltd. Vs. Pressteel and Fabrications (P) Ltd. and Anr. (2004) 1, S. C. C. , 540, are that there is no stion of exeing the award once the challenge is made to the award and that there is no dietion left with the Court to pass any interloory order/ direction except to adjudicate on the correctness of the claims made by the Petitioner.