SIRA CONSTRUCTIONS Vs. SUDHIR VISHNU AANJARLEKAR

JUDGEMENT

(1.) Rule returnable forthwith, Mr. Dani i/b waives service for the respondent. By consent heard forthwith.

(2.) By this petition, petitioner challenges the order dated 6 December passed by the District Judge-1, Khed, District Pune rejecting his application under section 47 of the Code of Civil Procedure.

(3.) Petitioner is the judgment debtor. An award was passed against the petitioner in an arbitration proceedings under the Arbitration and Conciliation Act 1996 (for short "the Arbitration Act")- As the award was not satisfied, respondent put the award in execution. At the first instance, the petitioner made an application at Exhibit 12 before the executing Court contending that award was not executable on seven grounds viz :