ORDER

An award made in favour of the revision petitioner under the provisions of the Arbitration and Conciliation Act, 1996 (in short, “the Act”) was sought to be enforced under the Code of Civil Procedure, 1908 (in short, “the Code”). At the instance of a third party to the arbitral proceedings, the court held that the award is a nullity and hence unenforceable. Insofar as the revision petitioner is concerned, that was a bolt from the blue. Feeling aggrieved, the revision petitioner challenges the order on E.A.No.379 of 2013 in E.P.No.412 of 2011 in Arbitration O.P.No.10 of 2008 before the District Court, Ernakulam on the ground that invocation of Section 47 of the Code by the court below was erroneous and opposed to law. According to the revision petitioner, except by way of taking a recourse against the award under Section 34 of the Act, neither a party to the award nor a non party can take a short cut under of the Code to challenge the virus of the award.

2. Heard Dr.George Abraham, learned counsel for the revision petitioner and Sri. Sreelal N.Warrier, learned counsel for the first respondent.

3. Brief facts relevant for appreciating the rival contentions are as follows: Rev