Annapurna Infrastructure Pvt. Ltd Vs. Soril Infra Resources Ltd [C.P. No. (IB)-22 (PB)/2017] - Synopsis
Team SoOLEGAL 6 Feb 2021

In this case, Annapurna Infrastructure Pvt. Ltd Vs. Soril Infra Resources Ltd [C.P. No. (IB)-22 (PB)/2017], the operating debt is contested. Appeal under Section 37 of Arbitration Act is open to adjudication. The applicant filed a caveat and filed an execution for an award as well. According to the Tribunal, it cannot be claimed that Arbitration comes to an end simply by rejecting the application under Section 34 of the Arbitration Act as demanded by the Claimant (Operational Creditor). An appeal under Section 37 is also pending. According to the Bench, the respondent also has time to appeal and just because he has not lodged an appeal, Section 9 of Insolvency Bankruptcy Code, 2016 cannot be revoked. The Bench had also stated that proceedings for the implementation of the award have been started by the claimant in High Court.  Efficient solutions are now applicable to the Claimant. According to the Bench, it cannot authorize more than one solution at the same time—against the theory of the judiciary. It would promote forum shopping which is impossible. The Tribunal had dismissed the application with a cost of Rs 1 lac. 

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