Section 36 of the Arbitration and Conciliation Act, 1996 provides that the award shall be considered as a decree and enforced under the Code of Civil Procedure, 1908, without the need for a separate decree.

K. A. ABDUL GAFOOR, J.

The petitioner has obtained an award. He submits that in terms of Section 36 of the Arbitration and Conciliation Act, 1996 the petitioner had applied with a certified copy of award, seeking execution thereof, before the respondent. It is submitted by the petitioner that, that execution petition was returned directing the petitioner to file a decree

2. Section 17 of the Arbitration Act, 1940 provided for a decree to be drawn by the Court concerned. But Section 36 of the Arbitration and Conciliation Act, 1966 provides that the award shall be considered as a decree and shall be enforced under the Code of Civil Procedure, 1908, in the same manner as if it were a decree of the Court. In such case, the respondent Court cannot insist for a decree to receive the execution application to its file Under Section 36, the Executing Court is duty bound to accept the execution petition with a certified copy of the award. If the petitioner produces a certified copy of the award alongwith execution petition that shall be received and disposed of in accordance with law Original Petition is disposed of.

Petition disposed of accordingly.