2011 AIR SCW 5763 ::2012 (1) AIR Jhar R 766 ::(2011) 2 CLR 542 (SC) ::(2012) 1 CivLJ 315 ::(2011) 3 ArbiLR 477 ::2011 (8) SCC 613 ::(2011) 9 Scale 16 ::AIR 2011 SC (Civil) 2462 ::(2012) 5 Cal HN 183 ::(2011) 8 Mad LJ 1121 ::(2011) 6 Mah LJ 842 ::(2011) 5 Mad LW 73 ::(2012) 1 AndhLD 53 ::(2012) 3 UC 1997 ::2011 (107) AIC (SOC) 1 (SC)

Supreme Court Of India

Hon'ble Judge(s): R. V. Raveendran, A. K. Patnaik , JJ

(A) Arbitration Act (10 of 1940) , S.32, S.33— Bar to suit - Suits filed against orders making awards rule of the Court - To establish that said judgments and decrees were obtained by fraud and misrepresentation and therefore invalid - It was also alleged that agreements and awards and proceedings seeking decrees in terms of awards were all fraudulent - Therefore, Ss. 32 and 33 were not a bar to said suits. (Para 11) (B) Arbitration Act (10 of 1940) , S.14, S.17— Decree in terms of Award - Award obtained by fraud - Respondent sought to obtain title to lands by obtaining nominal decrees in terms of arbitration awards - There was no dispute between parties - Therefore references to arbitration, awards of arbitrator and proceedings in Court to get decrees in terms of awards, and decrees passed in terms of award - Were all sham and bogus as sole fraudulent object being to avoid payment of stamp duty and registration charges - Irregularities, illegalities, suppressions and misrepresentations which culminated in orders directing awards being made decrees of Court - Show that decrees in terms of awards were obtained fraudulently. Contract Act (9 of 1872) , S.17— (Para 12 28 34 35) ....