An executing court cannot go behind an arbitral award that has attained finality.

ORDER

This Civil Revision Petition is directed against the order in E.P.No.368/2018, on the file of the IV Additional District and Sessions Court, Ponneri, Tiruvallur District.

2.The respondent obtained an exparte arbitral award in A.R.C.No.310 of

2015 dated 30.04.2015, in respect of a loan availed by the petitioner. Pursuant to the said award, the respondent initiated Execution Proceedings in E.P.No.368 of 2018. The arbitral proceedings were initiated for recovery of a sum of Rs.3,81,495/- under the loan agreement, culminating in the exparte arbitral award dated 30.04.2015.

3.Admittedly, the petitioner has not challenged the arbitral award in a manner known to law. The Award has attained finality. In such circumstances, the attempt to indirectly assail the award in execution proceedings, or in the present revision is wholly untenable. An Executing Court cannot go behind the decree or award, and any endeavour to reopen the merits of the claim is wholly impermissible.

4.This Court finds no infirmity or illegality, or jurisdictional error in the impugned order warranting interference under revisional jurisdiction. The present petition is nothing but a belated and misconceived attempt to thwart the execution of a lawful award and deserves to be rejected.

5.However, the limited liberty available to the petitioner is only to establish, before the Execution Court, by cogent and acceptable evidence, that the award has been satisfied, either wholly or in part. Such plea if raised, shall be considered strictly in accordance with law, without opening the merits of the arbitral award, within a period of 4 weeks from the date of receipt of a copy of this order.

Accordingly, this Civil Revision Petition is dismissed. No costs.