(1.) Rule. Rule is made returnable and is heard by consent.
(2.) Petitioner herein is a contractor. Admittedly, there is a written contract. The contract contains an arbitration clause. Parties had agreed upon appointment of arbitrator. Arbitrator entered the arbitration and started the proceedings. The arbitration award was rendered in favour of the petitioner.
(3.) Petitioner then filed application for execution thereof treating it to be an award passed under the Arbitration and Conciliation Act, 1996. The application for execution of award as a decree was opposed by the respondents. The civil court ruled that the arbitration was not commenced and concluded under the provisions of new Act rather was governed by the provisions of Arbitration Act, 1940, and unless it was made a rule of court, it could not be acted upon.