- (1.) The learned Executing Court has passed an order refusing to execute the deemed decree passed in the arbitration proceedings.
(2.) The learned Trial Judge has recorded that jurisdictional fact for execution of the deemed decree has not been established. We are to examine whether this fact finding of the learned Trial Judge is correct. Before that we are to state when deemed decree becomes executable. Section 36 of the Arbitration and Conciliation Act, 1996 is the legal provision for execution of the deemed decree and the same reads as follows: On reading the aforesaid it necessarily follows that before putting the decree into execution the award holder has to satisfy the Court that either no application for setting aside of the decree under section 34 of the said Act filed within the period as mentioned in the said sub-section (3) of section 34 from the date of receipt of the arbitral award by the judgment debtor, or such action if taken has been dismissed.
(3.) We accordingly for better appreciation of the fact quote sub-section (3) with proviso to section 34 as follows: An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33 from the date on which that request had been disposed of by the arbitral tribunal: Provided that if the Court is satisfied that the applicant has been prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty days, but not thereafter.;