GAFFAR KHAN Vs. MAGMA SHRACHI FINANCE LIMITED KOLKATA

JUDGEMENT

(1.) This revision application is against the order dated 9.4.2010 passed by learned subordinate Judge-1st Dhanbad in Execution Case No. 23 of 2009, whereby learned Court below has rejected the objection filed under Section 47 of the Code of Civil Procedure

(2.) The petitioner is a judgment-debtor in the said execution case. During pendency of the execution case, he filed an objection under Section 47 of CPC against the execution of the Award made under the provision of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act"). The ground taken by the petitioner was that the award, in question, was not executable. It was illegal and defective, inasmuch as the award has been passed without taking into consideration the relevant aspects and the same is perverse

(3.) A rejoinder to the said objection was filed by the decree-holder stating, inter alia, that the objection under Section 47 of CPC is not maintainable. It has been stated that the judgment-debtor was a party. He has taken part in the arbitration proceeding. The award has not been challenged by him in the Court, which made the same rule of the Court and the same is final and binding on the petitioner. He can challenge the said award before the Executing Court