M D OVERSEAS LTD Vs. CANARA BANK

JUDGEMENT

(1.) PRESENT petition has been filed by decree holder under Section 36 of Arbitration and Conciliation Act seeking enforcement of award dated 14.9.2002.

(2.) THE judgment debtor has filed objections under Section 47 read with Section 151 of the Code of Civil Procedure. The sole ground taken in the objections is that the judgment debtor has filed an appeal against the order of the Single Judge dated 20.1.2010 by which the objections to the award were dismissed and the appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, is a statutory appeal and therefore is in continuation of the original proceedings, which were pending under Section 34 of the Act.

(3.) PARAS 3 to 6 of National Buildings Construction Corporation Ltd. (supra) relied upon by counsel for the judgment debtor reads as under: