The executing court for arbitral orders operates ministerially, adhering strictly to the order's enforceability without reviewing the arbitral decision's merits, ensuring minimal judicial interference.

JUDGMENT :

SANJEEB K. PANIGRAHI, J.

1. In this Writ Petition, the petitioner seeks a direction from this Court to set aside the order dated 15.12.2023 issuing notice in the Section 17(2) execution, and to command the Commercial Court to forthwith transmit the arbitral attachment order for immediate execution, without entertaining Section 47 objections.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) The petitioner is a Non-Banking Finance Company incorporated under the Indian Companies Act, 1913, engaged in the business of extending loan facilities for purchase and refinance of vehicles, machinery and equipment, having its head office at Chennai and a branch office at Bhubaneswar.

(ii) The opposite parties, described as borrower and guarantors, availed a loan of Rs. 18,00,000 on 30.11.2018 under a loan agreement, repayable along with finance charges in 22 monthly instalments. Disputes arose between the parties on account of alleged default in repayment.

(iii) The petitioner claims that the loan account was classified as a Non-Performing Asset and that the hypothecated machinery could not be repossessed, whereas the opposite parties dispute the petitioner’s subsequent actions and remedies.

(iv) An Arbitral Tribunal was constituted at Chennai pursuant to the arbitration clause contained in the loan agreement, and a retired District Judge was appointed as the Sole Arbitrator to adjudicate the disputes arising out of the loan transaction.

(v) During the pendency of the arbitration proceedings, the petitioner filed an application under Section 17 of the Arbitration and Conciliation Act, 1996 seeking interim protection by way of attachment of immovable property alleged to be connected with the opposite parties, on the ground of failure to furnish security.

(vi) The Arbitral Tribunal passed an interim order dated 03.09.2021 directing attachment of the immovable property specified in the application, subject to non-furnishing of security within the time stipulated.

(vii) The immovable property sought to be attached was situated within the territorial jurisdiction of the District Judge, Khurda at Bhubaneswar, and accordingly the Arbitral Tribunal transmitted the order of attachment to the said court for implementation.

(viii) The District Judge, Khurda endorsed the order for presentation before the Senior Civil Judge, Commercial Court, Bhubaneswar, and the petitioner was required to file appropriate proceedings for enforcement of the arbitral order.

(ix) The petitioner thereafter filed an execution petition under Section 17(2) of the Arbitration and Conciliation Act, 1996 read with Section 136 of the Code of Civil Procedure before the Commercial Court, seeking execution of the attachment through court process.

(x) By order dated 15.12.2023, the learned Senior Civil Judge, Commercial Court, Bhubaneswar directed issuance of notice to the respondents in the execution proceedings.

(xi) Pursuant to issuance of notice, the opposite parties entered appearance before the Commercial Court and filed objections under Section 47 of the Code of Civil Procedure, raising issues relating to the executability of the interim order.

(xii) The present writ petition has been filed challenging the order dated 15.12.2023 directing issuance of notice, while the execution proceedings and objections under Section 47 CPC remain pending before the Commercial Court.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

3. Learned counsel for the