Civil Procedure Code, 1908-Section 47 and Order XXI.
Arbitration and Conciliation Act, 1996-Sections 11(6), 34, 36 and 37
Civil Procedure Code, 1908-Section 47 and Order XXI.
Objection under section 47, C.P.C. is not maintainable in proceedings for the purpose the enforcement of an arbitration award.
However, the execution court has inherent right to decide the objections where the objection has been raised to the effect that the relief sought in execution proceedings is beyond the scope of arbitration award.
It is a well-settled principle of law that the executing court has to execute the decree as it is and cannot go behind the decree but can undertake limited enquiry regarding jurisdictional issue which goes to the root of the decree and has the effect of rendering the decree a nullity.
2023 (160) ALR 404]
SANJAY GUPTA vs
SURESH KUMAR MISHRA