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Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
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Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Section 35 of the Arbitration and Conciliation Act binds not only the parties to an award but also persons claiming through or under them, so an award may be executed against non-signatories where their capacity or possession is derived from the award-debtor. Applying Cheran Properties and Cox and Kings, the HC found that the special purpose vehicle was created and controlled by the petitioners for their benefit, with its management, finances and operations entirely sourced from them; on those facts, the vehicle was inseparable from the petitioners for execution purposes. The executing court was therefore justified in proceeding against them under Section 35 read with Section 36 and Order XXI Rule 11 CPC, and the execution objections were rejected.
Section 35 of the Arbitration and Conciliation Act binds not only the parties to an award but also persons claiming through or under them, so an award may be executed against non-signatories where their capacity or possession is derived from the award-debtor. Applying Cheran Properties and Cox and Kings, the HC found that the special purpose vehicle was created and controlled by the petitioners for their benefit, with its management, finances and operations entirely sourced from them; on those facts, the vehicle was inseparable from the petitioners for execution purposes. The executing court was therefore justified in proceeding against them under Section 35 read with Section 36 and Order XXI Rule 11 CPC, and the execution objections were rejected.
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