JUDGMENT :

MICHAEL ZOTHANKHUMA, J.

1. Heard Ms. S. Bhattacharjee, learned counsel for the appellant. Also heard Mrs. Mary L. Khiangte, learned Government Advocate, appearing for all the respondents.

2. The appellant is aggrieved by the Order dated 27.09.2023 passed by the District Judge, Aizawl dismissing Arbitration Case No. 1/2023 as infructuous. The Arbitrator in Arbitration Proceeding No. 4/2020 had allowed several of the claims of the appellant while rejecting others vide Arbitral Award dated 30.05.2022. The appellant had prayed for execution of the claims that had been allowed by the Arbitrator vide Execution Case No. 15/2023. The same was allowed vide Order dated 11.08.2023. With regard to the claims that had been rejected by the Arbitrator, the appellant challenged the rejection under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”) vide Arbitration Case No. 1/2023. However, the same was dismissed vide order dated 27.09.2023 passed in Arbitration Case No. 1/2023 on the ground that the arbitral award had been executed vide Execution Case No. 15/2023.

3. The genesis of this appeal under Section 37(1)(c) of the 1996 Act is that t