RAMASWAMY Vs. PRINCIPAL SUBORDINATE JUDGE

JUDGEMENT

(1.) The petitioner has obtained an award. He submits that in terms of S.36 of the Arbitration and Conciliation Act, 1996 the petitioner had applied with a certified copy of award, seeking execution thereof, before the respondent. It is submitted by the petitioner that, that execution petition was returned directing the petitioner to file a decree.

(2.) S.17 of the Arbitration Act, 1940 provided for a decree to be drawn by the court concerned. But S.36 of the Arbitration and Conciliation Act, 1966 provides that the award shall be considered as a decree and shall be enforced under the Code of Civil Procedure, 1908 in the same manner as if it were a decree of the Court. In such case, the respondent court cannot insist for a decree to receive the execution application to its file.