1. Rule returnable forthwith, Mr.Dani i/b waives service for the respondent. By consent heard forthwith.

2. By this petition, petitioner challenges the order dated 6 December passed by the District Judge1, Khed, District Pune rejecting his application under section 47 of the Code of Civil Procedure.

3. Petitioner is the judgment debtor. An award was passed against the petitioner in an arbitration proceedings under the Arbitration and Conciliation Act 1996 (for short “the Arbitration Act”). As the award was not satisfied, respondent put the award in execution. At the first instance, the petitioner made an application at Exhibit 12 before the executing court contending that award was not executable on seven grounds viz:

1. There was no subsisting contractual agreement between the parties.

2. The arbitration agreement was not at all in existence between the parties.

3. Mr.Aagharkar was never appointed as an arbitrator.

4. The alleged dispute was never referred to Mr.Vilas Aagharkar.

5. The arbitrator is self appointed arbitrator, hence he was prohibited by law to proceed with the arbitration proceedings.

6. The proceeding and award made by the alleged arbitrator is ill