GHAZIABAD DEVELOPMENT AUTHORITY GHAZIABAD Vs. S K GUPTA

JUDGEMENT

(1.) These two revisions arise out of two separate orders dated 12.12.1997 passed by Vth Additional Civil Judge, Ghaziabad in Execution Case Nos. 18 of 1997 and 17 of 1997 respectively.

(2.) The opposite parties had filed two suits being Suit No. 553 of 1993 S.K. Gupta and 3 others v. Ghaziabad Vikas Pradhikaran, Ghaziabad and Suit No. 669 of 1995, S. K. Gupta and 3 others v. Ghaziabad Vikas Pradhikaran and others under Sections 8 and 20 of the Indian Arbitration Act in which main prayer was that in view of the contract between the parties the dispute be referred to the arbitrator. Both the suits were decided by judgments dated 10.11.1993 and 4.5.1996 respectively. Both the suits were decreed. Ultimately Sri Shailendra Saxena was appointed as arbitrator, who completed the arbitration proceedings and gave awards dated 19.12.1996 and 26.8.1996 respectively. It is the case of the opposite parties that after giving notice to the parties for the awards the arbitrator filed the award in the Court and the revisionists did not file any objection against the awards under Sections 15, 16 and 33 of the Arbitration Act, 1940. It further appears that after expiry of the time for filing objections, the opposite parties filed two execution applications on the basis of which Execution Cases Nos. 18 of 1997 and 17 of 1997 respectively were registered. Execution Case No. 18 of 1997 was filed on 12.9.97 and Execution Case No. 17 of 1997 was filed on 4.9.1997.

(3.) It further appears that notices were issued to the revisionists. A preliminary objection was raised on behalf of the revisionists that the execution cannot proceed unless the award is made rule of the Court and a decree is passed under Section 17 of the Indian Arbliration Act. 1940. It appears that it was argued for the opposite parties that since the award has been filed in the Court and no objections under Section 34 of the Arbitration and Conciliation Act of 1996 (Act 26 of 1996) have been filed, the award has become final and it can be executed as a decree in view of the provisions contained in Section 36 of the Act 26 of 1996. By the impugned orders in both the execution cases the Court rejected the objections raised on behalf of the revisionists vide impugned orders dated 12.12.1997. It is these orders which are being challenged in these revisions.