- (1.) Instant civil revision filed under Section 115 of the Code of Civil Procedure is against the order dated 3.7.2012 whereby District Judge, Lucknow has returned the execution application holding it to be not maintainable, for presentation before the proper court.
(2.) I have heard Sri Siddharth Dhaon, learned counsel for revisionist and Mohd. Saeed for opposite-parties.
(3.) Briefly stated facts are that revisionist GE Money Financial Services Ltd. (decree-holder) entered into an agreement with Mohd. Azaz and Mohd. Ayaz, judgment-debtors and a loan of Rs. 4,85,000/- was paid by the judgment-debtor. When loan was not paid, an Arbitrator was appointed in terms of clause 11.1 of the agreement. On 17.6.2010, an award for a sum of Rs. 10,32,200.62/- was made along with interest. Decree-holder filed execution application seeking execution of the award dated 17.6.2010 before the District Judge, Lucknow who held that it is not maintainable and returned for presentation before the proper court. This very order has been challenged before this Court.;