Ramaswamy v. Principal Subordinate Judge .

K.A Adbul Gafoor, J.:— The petitioner has obtained an award. He submits that in terms of Section 36 of the Arbitration and Conciliation Act, 1996 the petitioner had applied with a certified copy of award, seeking execution thereof, before the respondent. It is submitted by the petitioner that, that execution petition was returned directing the petitioner to file a decree.

2. Section 17 of the Arbitration Act, 1940 provided for a decree to be drawn by the Court concerned. But Section 36 of the Arbitration and Conciliation Act, 1966 provides that the award shall be considered as a decree and shall be enforced under the Code of Civil Procedure, 1908, in the same manner as if it were a decree of the Court.

3. In such case, the respondent Court cannot insist for a decree to receive the execution application to its file.

4. Under Section 36, the Executing Court is duty bound to accept the execution petition with a certified copy of the award. If the petitioner produces a certified copy of the award alongwith execution petition that shall be received and disposed of in accordance with law.

5. Original Petition is disposed of.

6. Petition disposed of accordingly.