V.P.MOHAN KUMAR
I. C. D. S. LIMITED – Appellant
Versus
MANGALA BUILDERS PRIVATE LIMITED – Respondent
( 1 ) AN award was made by thearbitrator appointed under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) in terms of the arbitration agreement entered into between the petitioner and the respondents. The award was made on 13-2-1997. The said award is sought to be executed by the decree-holder invoking Section 36 of the Act after the period to set aside the award has expired by filing execution petition before the II Additional Civil Judge (Senior Division), Mangalore within whose jurisdiction the properties of the respondents are situate. When sale proceedings were in progress, the respondents filed I. A.-V contending that the Court before which the execution is levied had no jurisdiction to entertain the same. On that objection being upheld, the execution petition was dismissed. The petitioner challenges the said order. Hence the question has come before this Court to consider the correctness of the finding that the Court below had no jurisdiction to entertain the execution proceedings.
( 2 ) THE question mainly involves the interpretation of the words in Section 36 of the Act. The said section is as follows :"where the time for
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