An In-Depth Examination Of The Contradictory Rulings Made By Different Hon’ble High Courts Regarding Objections Under Section 47 Of The Code Of Civil Procedure, 1908 In Execution Proceedings Under Sec

An In-Depth Examination Of The Contradictory Rulings Made By Different Hon’ble High Courts Regarding Objections Under Section 47 Of The Code Of Civil Procedure, 1908 In Execution Proceedings Under Section 36 Of The Arbitration And Conciliation Act, 1996

Ayushi Dangre

ABSTRACT

The applicability of objections under Section 47 of the Code of Civil Procedure, 1908 (CPC) in enforcement proceedings for arbitral awards has been a subject of debate and conflicting interpretations among different Hon’ble High Courts. Section 47 of the CPC pertains to objections / disputes arising during the execution of decrees, but its scope in the context of arbitral awards has led to uncertainty and varying judicial opinions. This paper explores the divergent views of the Hon’ble High Court/s regarding the filing of objections under Section 47 of the CPC in enforcement proceedings for arbitral awards. While the Hon’ble Calcutta High Court has upheld the admissibility of objections under this section, the Hon’ble Karnataka High Court, Hon’ble Allahabad High Court, and Hon’ble Tripura High Court have taken contrary positions.

The paper highlights the implications of conflicting decisions on the enforcement of arbitral awards and underscores the need for clarity and uniformity in judicial interpretations. It suggests that the Hon’ble Supreme Court's suo moto powers may be invoked to resolve these discrepancies and provide definitive guidance on the applicability of Section 47 of the CPC in the context of arbitral award enforcement proceedings.

Keywords: Section 47 of the CPC, Section 36 of the A&C Act, 1996, Arbitral Awards, Enforcement Proceedings, Conflicting Decisions, Hon’ble High Courts, Judicial Interpretations, Supreme Court & Suo Moto.