Manmohan Singh, J. (Oral)

1. The present execution petition has been filed by the decree holder under Order 21 Rule 10 of the Code of Civil Procedure praying that warrants of attachment and sale thereafter of the movable and immovable properties of the judgment debtor be issued in respect of the list of properties filed along with execution petition.

2. The brief facts are that the award was passed against the judgment debtor on 30th June, 2005. The judgment debtor filed OMP No. 415/2005 in this Court under Section 34 of the Arbitration and Conciliation, Act, 1996 (hereinafter referred to as “the Act”) which was dismissed by a detailed judgment dated 3rd July, 2008. Against the dismissal of the said petition, the judgment debtor filed an appeal being FAO (OS) No. 391/2008 which was also dismissed by the Division Bench of this Court on 6th February, 2009. The Special Leave to defend Petition (Civil) No. 20181 of 2009 filed by the judgment debtor was also dismissed by the Supreme Court on 26th April, 2010. The award is enforceable as decree under Section 36 of the Act.

3. When the execution was listed on 18th January, 2012, learned counsel appearing on behalf of the decree