Delhi HC Slams Repeated Legal Challenge To Arbitral Award, Imposes Rs 1 Lakh Costs

(MENAFN- KNN India) New Delhi, Feb 5 (KNN) The Delhi High Court has imposed Rs 1 lakh in costs on a judgment debtor for pursuing a repeated and frivolous legal challenge at the execution stage of an arbitral award, in a case where the underlying issues had already been finally decided by courts, including the Supreme Court.

Court Rejects Repeated Objection as Abuse of Process

Justice Harish Vaidyanathan Shankar dismissed the objection application, finding that the attempt to reopen settled jurisdictional questions amounted to an abuse of the judicial process and a calculated effort to delay enforcement of the award.

The challenge, which claimed that the sole arbitrator was unilaterally appointed, had been raised and rejected repeatedly in earlier stages of the proceedings - by the arbitral tribunal, the High Court and the Supreme Court.

The bench held that once an issue has been conclusively decided, it cannot be resurrected in execution proceedings merely by casting it as a fresh jurisdictional challenge. Doing so would undermine the finality of judicial decisions and encourage endless litigation.

Award Enforcement to Proceed

The arbitral award in question, dated December 31, 2014, required the judgment debtor to pay Rs 4.80 crore plus interest and costs arising from a failed Hauz Khas property transaction. With the objection dismissed and costs imposed, the court allowed the execution process to continue.

Cost Directions

The court directed that the Rs 1 lakh costs be paid within two weeks, split equally between the decree holder and the Delhi High Court Bar Association.

This order underscores the judiciary's stance against repetitive and baseless litigation aimed at delaying enforcement of final awards.

(KNN Bureau)

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