JAGDEEP SINGH Vs. S S ZOMBADE

JUDGEMENT

(1.) Instant revision petition has been filed for setting aside the order dated 16.10.2012 passed by learned Additional District Judge, Karnal, whereby issues have been ordered to be framed in execution petition filed by respondent, arising from the arbitration award dated 10.05.2010.

(2.) Shorn of unnecessary facts, relevant facts for disposal of the present revision petition are that vide written authority given by respective parties and also the related parties and shareholders of M/s Poshak Agrivet Pvt. Ltd. (earlier named M/s Poshak Feeds (India) Pvt. Ltd.) referees were appointed. Reference was in respect to settlement of accounts/relationship for business and properties relating to M/s Poshak Agrivet Pvt. Ltd. and other immovable properties. Ultimately after considering the case of the parties award was passed on 10.05.2010 at Karnal. Against that award respondent S.S. Zombade filed an execution application before the learned Additional District Judge, Karnal to which the petitioner has filed objections. In the said execution application, learned Additional District Judge has framed the following issues and directed the parties to lead evidence: -

(3.) Learned counsel for the petitioner vehemently contended that when the award of an arbitrator is to be executed there is no question of framing the issues and leading the evidence as if the court is to try the same as a civil suit. Proceedings before the learned Additional District Judge are akin to appeal and not like civil suit. Learned counsel for the petitioner relied upon the judgment of the Hon'ble Supreme Court in Fiza Developers and Inter-Trade Private Limited vs. AMCI (India) Private Limited and another, 2009 17 SCC 796.