J U D G M E N T

This original petition is filed challenging Ext. P3 order passed by the Additional District Judge-II (Special), Kottayam in E.A. No.2 of 2024 in E.P. No.105 of 2024 in Arbitration Case No. 1 of 2023, of the sole Arbitrator.

2. The petitioner is the judgment debtor in E.P. No. 105 of 2024 on the file of the Additional District Judge-II (Special), Kottayam. The said execution petition is filed by the respondent decree holder seeking execution of the award passed by the sole arbitrator in Arbitration Case No. 1 of 2023. The arbitration case is filed by the respondent underSection 9of theArbitration and Conciliation Act, 1996(hereinafter referred to as the “Arbitration Act” for brevity). The arbitrator passed Ext. R(a) award and the respondent herein was allowed to recover Rs. 142 lakhs with interest and cost of litigation from the petitioner and his assets. The respondent filed Ext. P1 petition (E.P. No. 105 of 2024) seeking execution of Ext. R(a) award. The petitioner filed Ext. P2 application (E.A. No. 2 of 2024) in the execution petition contending that Ext. P1 petition is not maintainable before the District Court in view of the enactment of theCommercial Courts Act