Mohinder Singh and others vs Gurdarshan Singh

L.N. Mittal, J.—Judgment debtors have filed this revision petition under Article 227 of the Constitution of India, to assail order dated 0 7.09.2011 (Annexure P-9) and order dated 05.10.2011 (Annexure P-11) passed by learned Additional District Judge, Ambala thereby dismissing objections preferred by judgment debtors as well as dismissing their application for dismissal of the execution petition. Respondent decree holder has filed execution petition for execution of arbitration award. In the execution petition, judgment debtors filed objections and also filed an application for dismissal of the execution petition. The objections and the application filed by judgment debtors have been dismissed by the executing court vide impugned orders dated 0 7.09.2011 (Annexure P-9) and 05.10.2011 (Annexure P-11) respectively.

I have heard learned counsel for the parties and perused the case file.

Petitioners herein did not challenge the arbitration award by filing petition u/s 34 of the Arbitration and Conciliation Act, 1996 (in short, ''the Act''). Consequently, arbitration award became executable as a decree. In view thereof, objections raised by the petitioners herein in the execution proceedings regarding validity of the arbitration agreement and validity of the arbitration award could not be entertained by the executing court and had been rightly dismissed. Any such objection should have been raised by way of petition u/s 34 of the Act. Consequently, there was also no ground to dismiss the execution petition. For the reasons aforesaid, I find no merit in the revision petition. Impugned orders of the executing court do not suffer from any perversity, illegality or jurisdictional error so as to call for interference by this Court in exercise of power of superintendence under Article 227 of the Constitution of India. Revision petition is meritless and is accordingly dismissed.