BENAZIR SAMAD Vs. FEROZE AHMED AND OTHERS

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India is directed against an order whereby the present opposite party No. 10 was added as a party to a proceeding for enforcement of an award passed by an Arbitral Tribunal, which is in the nature of specific performance of a contract.

(2.) It is submitted on behalf of the award holder/petitioner that there is no scope for addition of the opposite party No. 10 as a party to an execution proceeding which arises from an arbitral award which the opposite party No. 10 was not a party to.

(3.) The opposite party No. 10 submits that the outcome of the execution case will affect the said opposite party, as such he is a necessary party to the proceeding.