Arbitration section 34
Surrender K Singal
(Querist) 01 July 2018
This query is : Resolved
As an Award of 2015 has since been adjudicated u/s 34 by an ADJ in Haryana with participation by both parties from 2015 till Jan 2018 when the same was partly set aside for modification of rate of interest in terms of The MSMED Act, 2006, what application under what section of Arb &Conc Act,1996 can be moved before another ADJ in Andhra Pradesh, where similar petition u/s 34 (filed after the notice from Haryana ADJ) had been filed by Award Debtor (JD) for dismissal / closure of that later filed petition u/s 34 in respect of the SAME Award ?
Dr J C Vashista
(Expert) 06 July 2018
ADJ Andhra Pradesh can not adjudicate upon already decided appeal u/s 34 of the Arbitration and Conciliation Act, 1996 since it attracts "res judicata".
Move an application u/s 151 CPC annexing orders passed by ADJ in Haryana.
