Sec 17 of the arbitration act, 1940
Yash
(Querist) 22 August 2016
This query is : Resolved
Y has to pay dues to X. According to the agreement X filed suit with the arbitrator to recover money from Y. Arbitrator passed an award (under The Arbitration Act, 1940) in favor of X. Thereafter Y filed an appeal against the award. Single judge upheld with the award and Y was directed to pay the sum including interest. Meanwhile order was converted into decree. Later Y filed an appeal against the order of single judge. Divisional bench reduced the rate of interest. An appeal was filed with SC but it was dismissed by the Court.
Y has paid the sum including interest at the rate specified by the order of Single judge. Now Y wants to recover the difference.
Can anyone please help me in this matter? I want to know what will be the defence of X and what remedy is available to Y? Please mention precedents along with your suggestion.
I found few similar precedents but they are not entirely relevant.
Case1: K.R.Builders vs Dda on 25 September, 2009
Link: https://indiankanoon.org/doc/151398970/
Case2: https://indiankanoon.org/doc/74152628/
Thanks.
Ms.Usha Kapoor
(Expert) 22 August 2016
Dear Client,
Since the Supreme court dismissed your appeal which you preferred against the High court Division Bench Appeal which reduced the interest payable to Y, you are bound by Highcourt Judgement. Let y pay according to High court Judgement which amounts to satisfying the decree or decretal amount.
Guest
(Expert) 22 August 2016
Mr. Yash,
Your statement, "I want to know what will be the defence of X and what remedy is available to Y? Please mention precedents along with your suggestion," clearly suggests that yours is purely an academic query, not a real problem.
The question arises, how you are concerned with the problem of both the X & Y at a time asking for defence of X as well as remey available to Y and also asking for precedents for both in addition. DON'T EXPECT FROM THE EXPERTS TO START TUTORIAL CLASSES FOR YOU.
You may better concentrate on your law school course material, search for the precedents and case laws, make your own analysis of the problem, express your own opinion and then ask the experts, on what point exactly is your doubt, if any, to be cleared.
For perfection in study of law, TRY TO STAND ON YOUR OWN FEET, INSTEAD OF EXPECTING 100% SPOON FEEDING BY OTHERS.
Devajyoti Barman
(Expert) 22 August 2016
Pure academic query and must be avoided.
Strongly agree with Dhingraji.
Kumar Doab
(Expert) 22 August 2016
For academic queries, I concur with Mr. Dhingra,Mr.Barman.
Raj Kumar Makkad
(Expert) 22 August 2016
This is purely an academic query as the question is based upon assumptions and presumptions.
R.K Nanda
(Expert) 22 August 2016
Academic query.
R.K Nanda
(Expert) 22 August 2016
Academic query.
Rajendra K Goyal
(Expert) 22 August 2016
Academic query, state material facts of the problem if any.
Yash
(Querist) 22 August 2016
Ms. Usha Kapoor Y has already paid the sum including interest as mentioned in the decree. Since Divisional bench has reduced the rate of interest Y wants to recover the difference.
Thanks for replying.
Yash
(Querist) 22 August 2016
Dhingra Sir, Yes it is an academic query. I am doing research on it. I found many precedents but they are not entirely relevant. I posted this query after doing research. I want experts' opinion in this matter. This platform is meant for sharing knowledge. I would be very grateful if you could share your opinion.
Thanks.
Yash
(Querist) 22 August 2016
Dear Experts,
Crux of the matter is decree can not be challenged since the amount specified in the decree is not greater than the order (of Single Judge). Y has already paid the sum including interest to X. Now Y wants to recover the excess amount since the rate specified by the Divisional bench is lesser than the amount specified in the decree.
So now which one to follow decree or judgement of Divisional bench?
Thanks.
Guest
(Expert) 22 August 2016
Mr. Yash,
You may please like to clarify, what kind of research, what is the topic of research with what aims & objects, what are the tentative research questions and what qualitative and quantitative techniques of research methodology you have adopted for your research project?
To be frank, this type of question can never be a part of any research. You can expect any type of help from me, even up to Dictoral Degree level of educational projects, but not by trying to befool me.
Yash
(Querist) 22 August 2016
Dhingra Sir, I'm not trying to fool anyone here. This case study is a part of interview process. I'm trying to find the answer since many days. I posted this query as a last resort.
Thanks.
Guest
(Expert) 22 August 2016
Mr. Yash,
Earlier you stated that your were doing research on it, but when I asked question on the project, now you come forwarded with a different statement that this case study is a part of interview process. Your replies are quite evasive, as you seem to be hiding the real facts.
Anyway, I am not convinced on any of your plea.
adv.bharat @ PUNE
(Expert) 22 August 2016
No reply to academic query.
No real problem how author expect real answer from the expert.
Kumar Doab
(Expert) 23 August 2016
The query has been answered.
