- (1.) This is revision under Article 227 of the Constitution of India impugning order dated 16.2.2011, Annexure P/12 passed by learned District Judge, Rupnagar thereby dismissing execution petition filed by the petitioner herein for execution of arbitration award dated 5.11.1999, Annexure P/1 passed by the Arbitrator.
(2.) Dispute between the parties was referred to the Arbitrator who gave award Annexure P/1. Petitioner filed application under the Arbitration Act, 1940 (in short, the old Act) for making the award rule of the court. Respondent preferred objections against the award. The aforesaid application of the petitioner as well as objections of JD were dismissed in default vide order dated 16.10.2002. Petitioner filed application for restoration of its application for making the award rule of the court but the restoration application was dismissed by the trial court vide order dated 20.11.2007 and affirmed in appeal by lower appellate court vide order dated 15.10.2009. Petitioner preferred Civil Revision No. 7644 of 2009 challenging the aforesaid orders of the courts below. During the course of hearing of the said revision petition, it was found that Arbitrator was appointed on 12.10.1998 and therefore, the Arbitration and Conciliation Act, 1996 (in short, the new Act) is applicable and consequently award was not required to be made rule of the court and award could be executed straightway by filing execution petition under section36of the new Act. Accordingly, CR No. 7644 of 2009 was dismissed as withdrawn with liberty to file execution petition for enforcement of award Annexure P/1.
(3.) Respondent opposed the execution petition alleging that as per agreement between the parties, Arbitrator was to be appointed under the old Act and therefore, provisions of the old Act are applicable and the award was required to be made rule of the court before execution thereof, but since the award has not been made rule of the court, the execution petition is not maintainable.;