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of <h1>Arbitrator's Award Voided After Relinquishing Office: Implications for Contract Disputes</h1> <h3>Union of India Versus Jagat Ram Trehan & Sons.</h3> Union of India Versus Jagat Ram Trehan & Sons. - TMI Issues:1. Powers of executing Court under Section 47 CPC to declare decree null and void based on nullity of award.2. Maintainability of appeal under Section 10 of Delhi High Court Act/Letters Patent against order directing recovery of decretal amount.3. Jurisdiction of arbitrator to pass award after relinquishing office.4. Validity of raising plea of award being void in execution proceedings.Analysis:Issue 1:The appeal raised concerns regarding the executing Court's authority under Section 47 CPC to declare a decree null and void due to the nullity of the award. The Union of India challenged the validity of the award and decree on the grounds that the arbitrator, Mr. Chandwani, had relinquished his office before passing the award. The Union contended that the award and decree were nullities due to this reason.Issue 2:The question of the maintainability of the appeal under Section 10 of the Delhi High Court Act/Letters Patent was raised against an order directing the recovery of the decretal amount. The Court held that the appeal was maintainable as the order overruling objections to the execution of the decree and ordering execution constituted a 'judgment' under the relevant provisions.Issue 3:It was established that Mr. Chandwani, the arbitrator, had relinquished his office before passing the award, rendering the award null and void. The Court emphasized that upon relinquishing his position as an arbitrator, Mr. Chandwani lacked the jurisdiction to issue the award, making it invalid.Issue 4:The Court addressed the validity of raising a plea regarding the voidness of the award in execution proceedings. It was held that Section 47 CPC applied to execution proceedings concerning an award made a rule of Court. The Court cited various cases to support the view that the executing Court could declare an award passed without jurisdiction as null and void, thereby rendering the decree unenforceable.In conclusion, the Court allowed the appeal by the Union of India, declaring the award passed by Mr. Chandwani after relinquishing his office as arbitrator as void. Consequently, the decree based on this award was also declared void, providing the competent authority the option to refer the matter to another individual as per the contract terms.
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