1. The judgment debtor is the applicant.

2. The judgment debtor has filed this application under S.47 of the Code of Civil Procedure challenging the executability of a decree passed by the appellate court on 22nd August, 2013.

3. The appellate court granted a decree for specific performance which the arbitrator as well as the trial court had declined.

4. The arbitrator although had arrived at a finding that the claimant / decree - holder is ready and willing to perform its obligation and would be otherwise entitled to specific performance of the development agreement but had declined to exercise discretion in favour of the claimant / decree - holder. In an application for setting aside of the award, the trial court declined to interfere with the award and upheld the discretion exercised by the arbitrator. However, the appellate court interfered with the award and the relevant portion of the order of the appellate court reads: -
“On a close look to the decisions cited at the at the bar and discussed above, we feel, in a contract of the like nature, once the arbitrator was satisfied the developer was entitled to specific performance the relief could not be denied on the grounds me