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Judgment
16 paragraphs · 332 wordsThe Court : Mr. Paritosh Sinha, learned counsel appearing on behalf of the awardholder has relied upon an unreported Division Bench judgment of this
Court in GA No.922 of 2017, APOT No.89 of 2017 and EC No.1285 of 2015 (Magma Fincorp Limited vs. Ashok Kumar & Ors.) dated 13th
September, 2017, where the Hon’ble Division Bench had considered the aspect of service of award upon the judgment-debtor.Â
In deciding the said application, the Hon’ble Division Bench has referred to Clause 9(b) of the arbitration agreement between the parties in the
said proceeding, Section 114 of the Indian Evidence Act, Section 3 of the Arbitration and Conciliation Act and Chapter VI of the Indian Post Office
Act, 1898.Â
Similar clause as that of 9(b) that was considered by the Hon’ble Division Bench is present in the instant arbitration agreement. The records
reveal that the envelopes said to contain the award was forwarded by the Arbitral Tribunal by a letter dated 30th June, 2016.Â
The envelope was addressed to the respondents at the addresses mentioned in the arbitration agreement and proper stamps were affixed thereon.Â
The Arbitrator has also paid postal charges by affixing prepaid adhesive postage stamps and the postal article duly put in by registered post in the
manner provided in Chapter VI of the Indian Post Office Act, 1898. Articles were dispatched on 14th July, 2016 by registered post with A.D.
Under such circumstances, it shall be presumed that the award has been duly served upon the judgment-debtors. In view of the Hon’ble
Division Bench judgment and having regard to the factual position as discussed above, in my view, the award-holder is able to demonstrate service of
the award upon the judgment-debtors.
Under such circumstances, there shall be an order in terms of prayer (a) of the Column 10 of the Tabular Statement. The judgment-debtor shall file
their affidavit of asset within four weeks from the date of communication of this order. The matter is made returnable on 26th June, 2018.