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Report No. 76

8.28. Recommendation to prohibit defence.-

The question then arises whether a provision should be inserted and, if so, in what form. Cases where an award has been followed by overt acts of the parties, may not present much difficulty in view of the observations of the Supreme Court;1 but the position regarding other cases is uncertain. In our opinion, it is desirable to clarify the position. We recommend necessary amendment'2 by providing that an award shall not be pleaded as a defence, except in certain specified cases.

1. Para. 8.27, supra.

2. See draft, para. 8.30, infra.

Arbitration Act, 1940 Back

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