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Judgment
K.A. Abdul Gafoor, J.—The Petitioner has obtained an Award. He submits that in terms of Section 36 of the Arbitration and Conciliation Act, 1996 the Petitioner had applied with a certified copy of Award, seeking execution thereof, before the Respondent. It is submitted by the Petitioner that, that execution petition was returned directing the Petitioner to file a decree.
Section 17 of the Arbitration Act, 1940 provided for a decree to be drawn by the Court concerned. But Section 36 of the Arbitration and Conciliation Act, 1996 provides that the Award shall be considered as a decree and shall be enforced under the Code of Civil Procedure, 1908 in the same manner as if it were a decree of the Court. In such case, the Respondent court cannot insist for a decree to receive the execution application to its file.
Under Section 36, the executing court is duty bound to accept the execution petition with a certified copy of the Award. If the Petitioner produces a certified copy of the Award along with execution petition that shall be received and disposed of in accordance with law.
Original Petition is disposed of.