Execution of – An Arbitration Award

In Hindustan Zinc Ltd. v. National Research Development Corporation, 2023 SCC Online Del 330, the Hon’ble Delhi High Court has also held that for execution or enforceability of an arbitration award, the court can draw sustenance and guidance from the principles underlying the provisions contained in Order XXI of the Civil Procedure Code as also that challenge to award on it merits cannot be made particularly when the scope of objections pertain to extending such objections to trial of questions touching upon the merits of award.            

Even in Paramjeet Singh Patheja v. ICDS Ltd., (2006) 13 SCC 322, it has been held that objections under Section 47 of the Civil Procedure Code, are not maintainable in proceedings for the purposes of enforcement of an arbitration award. Aforesaid enunciation of law is particularly on the aspect that validity of the award can be raised only in proceedings under Section 34 of the Arbitration and Conciliation Act and not by taking resort to Section 47 of the CPC. Sanjay Gupta  v. Suresh Kumar Mishra, 2023 (160) ALR 404.