Can a arbitration award be declared as void or null in a writ petition

Divya (Querist) 23 January 2013 This query is : Resolved
Dear Experts

Can a arbitration award be declared as void or null in a Writ Petition ?

My case is as follows:
Everything about arbitration award is ex-parte..No arbitration act 1996 is followed.. No notice is sent of arbitration proceedings and award copy is sent to fake addresses. (All proofs with us)

“Fraud vitiates and nullifies every solemn act and any decree/judgment/order procured by fraud is void and non-est.”

Hence even the arbitration award is void and non-est, and is equally against the principles of natural justice.

When something doesn’t exist legally, why should I set it aside as per Section 34 of Act 1996…

Can I not use a Writ Petition to say that “I need a declaration that the award be adjudged void and unenforceable”

Please assist.

Thankyou

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Devajyoti Barman (Expert) 23 January 2013
No, you can not.
You have to file appeal u/s 34 only. if time has expired then you have missed the bus this time.

prabhakar singh (Expert) 23 January 2013
You are sentimentally agitated, not legally.

Writ lies only when there is no remedy provided in law.

HERE REMEDY U/S 34 IS WHICH YOU CAN NOT BY PASS.ALL THAT YOU shall say in writ can say here also.