Soumen Sen, J. - (1.) The petitioner has filed an application for execution of an award dated 11th September, 2015. In column 4 of the tabular statement the petitioner has disclosed that the judgment debtor has filed an application for setting aside of the award under Section 34 of the Arbitration and Conciliation Act, 1996.
(2.) The judgment debtor appears and resists the execution of the award on the ground that an application under Section 34 of the Arbitration and Conciliation Act, 1996 is pending.
(3.) The judgment debtor contends that the application for setting aside of the award has been filed within the period of limitation. In view of unamended Section 36 of the 1996 Act the judgment debtor is not entitled to execute the award. In fact, no application for enforcement of award could be filed until the application for setting aside of the award is disposed of in favour of the award holder.;