FINGERTIPS SOLUTIONS PVT. LTD. Vs. DHANASHREE ELECTRONICS LIMITED

JUDGEMENT

(1.) The petitioner/claimant/award holder filed the present revisional application assailing order No. 28 dated 29th September, 2015 passed by the Learned Civil Judge (Senior Division) 2nd Court at Barasat in Miscellaneous Case No. 81 of 2015 arising out of Arbitration Execution Case No. 63 of 2013.

(2.) The key issue involved in this revisional application is whether the Executing Court can entertain an application under Sec. 47 of the Code of Civil Procedure raising objection as to the execution, discharge and satisfaction of an award in the nature of a decree?

(3.) The brief case of the claimant/award holder/petitioner is that the petitioner being a Private Limited Company entered into an agreement with the opposite party on 26th September, 2003 whereby the petitioner was provided with a commercial space with super built -up area of 2900 sq.ft along with two car parking spaces and all other facilities at Block -EP and GP, Salt Lake, Sector -V, Kolkata -91. In the said agreement there was an arbitration clause. Since some disputes and differences arose between the parties the petitioner as per the arbitration clause contained in Clause 16 of the said agreement on 26th September, 2003 sent a letter under registered post to the opposite party on 18th September, 2007 thereby invoking the arbitration clause by nominating the Arbitrator and requiring him to enter upon the reference.