ASHWANI K GOENKA Vs. KANTI BHAI DHAMANI

JUDGEMENT

(1.) In this execution proceeding, of the the decree holder seeks setting aside of the Award dated 25.8.2001 (hereafter called 'the impugned award') made by one Shri D. P. Jain.

(2.) The judgment debtor, who resisted the execution proceedings arising out of the award, challenged it in proceedings under Section 34, filed before this court, being OMP 284/2003. Today, by a separate judgment and order, this court has allowed the said objections in OMP 284/2003 and set aside the award. As the decree arose out of the award, by virtue of Section 36 of the Act, it cannot have any independent existence. The award and consequently the decree stood aside, with this court accepting the objections under Section 34.

(3.) In view of the above circumstances, this execution proceeding is no longer maintainable. Therefore, Ex. Case No. 114/2003 and all pending applications, being EA Nos. 159/05, 257/05, 425/06 No. 8432/06 and EA No. 3913/06 as well as Contempt Petitions, being CCP No. 58/2004 and pending ( EA No. 155/06) and CCP No.72/2004 and pending (EA No. 156/06) cannot survive; they are accordingly dismissed as not maintainable.