JUDGMENT

Sandeep Sharma, J.( Oral) - By way of instant original miscellaneous petition (OMP), respondents - Judgment debtor has filed objections under section 47 CPC to the execution petition filed by the Decree Holder, seeking therein dismissal of execution proceedings instituted by the Decree Holder.

2. Before adverting to the merits of the application, it may be noticed by way of instant execution petition filed under Order 21, Rule 11 CPC read with Section 36 of the Arbitration & Conciliation Act, 1996, Decree Holder has sought execution of award dated 30.5.2009 passed by Shri D.N. Bansal, Sole Arbitrator.

3. It emerges from the record that Shri D.N. Bansal, Chief Engineer (Retd.) and ex-member of the HPSEB was appointed as Sole Arbitrator by the HP Electricity Regulatory Commission vide order dated 25.2.2008 in Petition No. 139 of 2007, titled M/s Sai Engineering Foundation v. HPSEB , for adjudication of dispute between the parties concerning evacuation of power from Titang Mini Hydel Project, Kinnaur. Arbitrator, in the present case, was appointed in terms of conditions contained in Power Purchase Agreement dated 3.10.2000, signed between the parties for the said project. Afor