VIPUL AGARWAL Vs. ATUL KANODIA AND CO

JUDGEMENT

(1.) An award was made against the petitioner by the Arbitral Tribunal under the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act on 17-11-1997. The petitioner filed an application to set aside the award under Section 34 of the Act. The application was dismissed by the district Judge, Kanpur Nagar by order dated 16-1-2003. The appeal against the order filed was dismissed on 7-3-2003. An application for special leave to appeal to the Apex Court filed by the petitioner has been allowed and the civil appeal is now pending before the Apex Court.

(2.) Under Section 36 of the Act an arbitral award is executable as a decree. But it can be enforced only after the time for filing an application under Section 34 has expired and no application is made or such application having been made has been rejected. An application for executing the award has been filed by the respondent before the District Judge. The petitioner objected to the execution on the ground that as the appeal of the petitioner before the Supreme Court against the orders rejecting his application under Section 34 is pending the refusal of the application under Section 34 has not become final and the appeal being a continuation of the proceeding the award can not be executed till the appeal is decided. The District Judge by his impugned order dated 29-10-2003 has rejected the application.

(3.) I have heard Sri Ashutosh Srivastava, learned counsel for the petitioner and Sri Shashi Kant Gupta, learned counsel for the respondent.