Can arbitration award passed by the court can be amended
Amandeep Singh
(Querist) 01 October 2009
This query is : Resolved
Sir
We have got property share under an arbitration award but after award being passed by the courts one of the party challenged the said award. Against the challenge a compromise was executed in the same courts in which it was written that compromise is part and parcel and supplement to the same challenged award. Sir I want to know whether the compromise can be set aside as it contains certain terms of selling the house which we got in the original arbitration award.
Raj Kumar Makkad
(Expert) 01 October 2009
If compromise has become final by way of decree then there is no scope to get it amended except any typographic error.
Sarvesh Kumar Sharma Advocate
(Expert) 01 October 2009
aman sir,
if challenged is there then wht is the mean of arbitration.
compromise can be set aside.
Sachin Bhatia
(Expert) 01 October 2009
There is no scope to get it amended after compromise degree has been passed.
H. S. Thukral
(Expert) 08 October 2009
There is no power with the courts to amend the award. It can either be set aside or remitted back for consideration. It is doubtful whether the court can pass a decree on compromise when the application on objection to the award is brought before it. In my opinion it would be without jurisdiction.
H. S. Thukral
(Expert) 08 October 2009
I am sorry my earlier opinion appearing herein is wrong. In view of judgment of SC in case of Munshi Ram Banwari Lal, Court can amend the award on the basis of a compromise.
