2011 (9) TMI 1244 - HC - Indian Laws

Summary

Issues involved: Challenge to execution of an award under Arbitration and Conciliation Act, 1996 u/s 47 of CPC.

For the first issue, the judgment dealt with the revision application against the order rejecting the objection filed u/s 47 of CPC challenging the execution of an award made under the Arbitration and Conciliation Act, 1996. The petitioner, a judgment-debtor, contended that the award was not executable as it was illegal and defective. The decree-holder argued that the objection u/s 47 of CPC was not maintainable as the judgment-debtor participated in the arbitration proceeding and did not challenge the award in court. The Court observed that the award could be challenged under Section 34 of the Arbitration and Conciliation Act, which provides a detailed procedure for setting aside the award. The Court held that the objection u/s 47 of CPC was not maintainable for challenging the award made under the special provisions of the Arbitration Act.

Regarding the second issue, the petitioner's counsel challenged the order on the grounds that the Executing Court should have heard and decided the objection u/s 47 of CPC on merit. The Court, after considering the provisions of Section 34 of the Arbitration and Conciliation Act, emphasized that the Act provides a specific procedure for setting aside arbitral awards, and objections under Section 47 of CPC on grounds covered by Section 34 of the Act are not maintainable. The Court found no illegality or arbitrariness in the order of the learned Court below and dismissed the revision application accordingly.