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2016 Supreme(Raj) 883

NAVIN SINHA, PANKAJ BHANDARI
Union of India through General Manager, North Western Railway, Jaipur – Appellant
Versus
A Cube Associates, Jodhpur through its Partner Ajay Yadav S/o R. P. Yadav – Respondent


Advocates Appeared:
For the Appellant :Mr. Kamal Dave, Advocate.
For the Respondents:Mr. Akash Kukkar on behalf of Mr. Muktesh Maheshwari, Advocate.

JUDGMENT :

1. The present appeal arises from order dated 24.05.2016 dismissing S.B. Civil Writ Petition No.5649/2016 declining to interfere with the orders in execution proceedings for enforcement of the award passed in arbitration.

2. Section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') provides for enforcement of an arbitration award in accordance with the provisions of the Code of Civil Procedure in the same manner as if it were a decree of the court.

3. The writ petition was filed styled as under Article 226 & 227 of the Constitution of India challenging an order passed by the Additional District & Sessions Judge No.5, Jodhpur while deciding the objections raised in reply to the application under Order 21, Rule 11 for execution of the arbitration award dated 19.06.2015. The objections were rejected.

4. It is apparent on the face of the record that the appellant was primarily aggrieved with the order passed by a civil court in an execution proceedings exercising powers under the Code of Civil Procedure. Irrespective of the nomenclature of the writ petition, it was therefore clearly instituted under Article 227 of the Constitution.

5. In Joge







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