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f) Since the Arbitration Act, 1899 made a departure from the above position in the case of arbitration by agreement without the intervention of Court, Section 89 of the CPC of 1908 provided as follows:

"89. Save as otherwise provided by the Arbitration Act, 1899, or by any other law for the time being in force, all references to arbitration, whether by an order in a suit or otherwise, and all proceedings shall be governed by the provisions contained in Schedule 2." (Dinkarrai vs. Yeshwantrai AIR 1930 Bombay 98 at 101.)
g) The second Schedule provided for three types of cases: Arbitration in Suit, from Clauses 1 to 16, Order of reference on agreements to refer from Clauses 17 to 19 and Arbitration without the intervention of Court, from Clauses 20 to 23. Clause 16 of the First part and Clause 21 of the Third part provide for the Court to 'pronounce judgment according to the award..decree shall follow'.
h) It is settled law that where the arbitration is governed by the Arbitration Act, 1899, the Second Schedule will not apply thereto  Dinkarrai's case(supra). Hence, in the case of arbitration on agreement without the intervention of the Court, Section 15 of the Arbitration Act of 1899 will apply and there is no requirement that a Court must pronounce judgment according to the award and that decree shall follow. Under Section 15, the award itself is enforceable 'as if' it were a decree; it does not become a decree.

j) When the Bombay Amendment came into force on 19.6.1939 by Bombay Act No. 51 of 1948, clause (i) was added to Section 9. That clause again speaks of a 'decree' and introduces the word 'order'. After so many years of the CPC being in force the Bombay Legislature knew the meaning of 'decree' and 'order' and used those terms as understood under the CPC. The words 'the execution of which is not stayed' point clearly to the fact that decree or order mean those passed by a Court for it is only under CPC that an appellate Court or executing Court can stay the execution of a decree or order. These words are inappropriate for and inapplicable to awards under the Indian Arbitration Act of 1899 or the Arbitration and Conciliation Act, 1996, under which the Awards were straightaway enforceable as if they were decrees of Court. Moreover, so far the Arbitration Act of 1940 is concerned, the award itself acquires force only after the Court pronounces judgment and passes a decree under Section 17.

We heard both the senior counsel appearing for the appellants and respondents, in extenso. We have carefully perused through in detail all the material placed before us. We are of the view that The Presidency Towns Insolvency Act, 1909 is a statute weighed down with the grave consequence of 'civil death' for a person sought to be adjudged an insolvent and therefore the Act has to be construed strictly. The Arbitration Act was in force when the PTIA came into operation. Therefore there can be seen that the law makers were conscious of what a 'decree', 'order' and an 'award' are. Also the fundamental difference between 'Courts' and 'arbitrators' were also clear as back as in 1909. Further, The Indian Arbitration Act, 1899 clearly draws the distinction between Courts and Arbitrators. The preamble of the Act shows that it is an Act for dealing with 'arbitration by agreement without the intervention of a Court of Justice'. Section 4(a) defines 'Court' and various sections deal with the powers of the Court. Section 11 provides for the making of an 'award'. Section 15 provides for its enforcement. It can therefore be observed that it is only for the purpose of enforcement of the award, the arbitration award is treated as if it were a decree of the Court.