JOGI RAM Vs. INDUSIND BANK LTD

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 24.07.2017 passed by the Addl. District Judge, Jind, vide which the objections filed by judgment debtor No.2 were dismissed.

(2.) Perusal of the record would show judgment debtors were proceeded against ex parte and arbitration award was passed ex parte on 01.09.2009 by the Arbitrator at Chennai. Petitioner is a guarantor/judgment debtor No.2. Decree holder filed execution under Section 36 of the Arbitration and Conciliation Act (hereinafter to be referred as 'the Act'). Judgment debtors did not file any petition under Section 34 of the Act.

(3.) Right to file petition under Section 34 of the Act was not availed by the judgment debtors and the arbitration award was not challenged under Section 34(3) of the Act within a period of three months. Filing of application was sine qua non for setting aside the arbitral award, as this course was the only course available to a person against the arbitral award. The word 'only' appearing in sub-section(i) of Section 34 of the Act makes it clear that no other procedure is available to the judgment debtor against the arbitral award.