Arbitration.
Objection under section 47 CPC can be filed to show that award is nullity irrespective kof fact that no objection under section 34 was filed.
Objection to execution of an award under Section 47 CPC is not dependent or contingent upon filing a petition under Section 34 of the 1996 Act.
High Court was not justified in taking the view that since the appellant did not file a petition under Section 34 of the 1996 Act, therefore, it was precluded from filing an application before the Executing Court to declare the award as void and hence non executable.
SC
Electrosteel Steel Limited (Now M/s ESL Steel Limited) v. Ispat Carrier Private Limited
(Neutral Citation: 2025 INSC 525)