N. Kumar, J.

1. This Writ Petition is preferred by the judgment debtor challenging the order passed by the Executing Court rejecting his objections regarding maintainability of the Execution Petition. The undisputed facts are that, the parties to the execution proceedings had agreed for referring the matter to an arbitrator to resolve the dispute. The arbitrator entered appearance and conducted arbitral proceedings at Bombay and also passed the award at Bombay. The said award is sought to be executed before the Principal District and Sessions Judge, Mysore in Execution No. 474/2011. On service of notice of execution proceedings, the judgment debtor entered appearance and filed an application under Section 38 CPC contending that the arbitral award cannot be enforced straightaway by the Court at Mysore; Execution Petition ought to have been filed before the jurisdictional Court at Bombay and it could be transferred to the Court at Mysore on a transfer petition and only then Court at Mysore could enforce the award.

2. The contention of the Judgment Debtor was rejected by the Executing Court on the ground that Section 38 CPC applies to a case where a decree is passed by a Court an