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57. Notice 734 of 2009 shall stand marked as satisfied upon payment being made by Jet in terms of the directions given in this order."

19 app345.456.2011 RELEVANT STATUTORY PROVISIONS

9. It is necessary to decide whether the impugned order passed by the Learned Single Judge is an order passed in proceedings under section 36 of the Arbitration and Conciliation Act, 1996 or an order passed in proceedings under the Code of Civil Procedure, 1908. For determining the question about maintainability of these Appeals in proper perspective, we deem it fit to note certain relevant provisions of the Arbitration and Conciliation Act, 1996 (1996 Act), Letters Patent of the High Court, Bombay, Code of Civil Procedure, 1908, and Arbitration Act 1940 (the 1940 Act).

C. PROVISIONS OF CODE OF CIVIL PROCEDURE, 1908.

(a) The word "Decree" is defined in section 2(2) of the Code of Civil Procedure, 1908.

Prior to the enactment of the Code of Civil Procedure (Amendment), 1976 (Act No. 104 of 1976 which came into force on 1/2/1977), the words "section 47 or" were also part of the definition.

(b) By section 20 of the aforesaid Act 104 of 1976 sub-

section 2 of section 47 of the Code was omitted. Prior to its omission, the said sub-section 2 read thus :

(a) the provisions of - the Code of Civil Procedure, 1908, (5 of 1908.) shall apply to all proceedings before the Court, and to all appeals, under this Act, and ..."

10. Question of maintainability of these appeals will have to be considered in the context of the aforesaid statutory provisions in the 1996 Act, the Letters Patent of High Court Bombay and the Code of Civil Procedure, 1908 and the various judgments to which reference would be made in the course of this Judgment and the latest Judgment of the Supreme Court in the case of Fuerst Day Lawson (supra).

b) The award in the present case being a domestic award is to be enforced under the Code of Civil Procedure, 1908 as if it were a decree of the court whereas foreign award under Part-II are 28 app345.456.2011 enforceable under section 49, and, hence a proceeding for enforcement of a domestic award is not a proceeding under the 1996 Act but is a proceedings under the Code of Civil Procedure, 1908 whereas the proceeding for enforcement of a foreign award is a proceeding under 1996 Act.