M. Jagannadha Rao, C. J.

( 1 ) THE question raised in the appeal is with regard to the powers of the executing Court under Section 47 Civil Procedure Code to declare the decree as null and void on the ground that the award was null and void.

( 2 ) THIS appeal is filed by the Union of India against the order passed by the learned Single Judge on the Original Side of this Court dismissing Ex. No. 37/94 dated 4. 1. 1994 and directing recovery of the amount covered by the award-decree by way of attachment.

( 3 ) THE facts of the case are as follows:

( 4 ) PURSUANT to a contract entered into by the respondent contractor with the Union of India (appellant- judgment debtor), an arbitrator was appointed on 2. 5. 1988 to adjudicate upon the disputes. The person so appointed was Shri N. H. Chandwani who was then on deputation as Arbitrator in the Ministry of Urban Development. In fact, Shri Chandwani was appointed in place of Shri J. D. Chopra who was working as Arbitrator earlier and who had resigned. Shri Chandwani passed the award on 5. 12. 90 and the award was made a rule of Court on 3. 8. 93 as no objections were filed by the Union of India.

( 5 ) IN the execution proceedings, the Unio

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