Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 12.8.2009 passed by learned Additional District Judge, Moga, in which it has been ordered that the Petitioner be detained in civil imprisonment for disobeying the order of the Court for a period of one month under the provisions of Order XX1 Rule 41 (2) of the Code of Civil Procedure (for brevity 'the Code').
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned Executing Court. Admitted facts are that as per arbitration clause in the agreement executed between the parties, the dispute which arose between them was referred to the sole Arbitrator, who passed an award dated 19.4.2006 regarding recovery of Rs. 2,69,49,833.40 paise. After passing the said award, the present execution petition was filed by the Respondent before learned Additional District Judge, Moga. However, objection was filed by the present Petitioner that he has already filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for setting aside the award and hence, during the pendency of the same, award cannot be executed.
(3.) IT is pertinent to reproduce Section 36 of the Act, which reads as under: 36. Enforcement - Where the time for making an application to set aside the arbitral award under Section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court.;