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d) Mr. Bobde, further submitted that, it was decided long ago in 1907 and has never been doubted since then that issuance of a notice under the Insolvency or Bankruptcy statutes is not a mode of enforcement of a decree in the In re A Bankruptcy Notice (1907) 1 KB 478. A judgment obtained in pursuance of an order purporting to be made under the Arbitration Act, 1889, to enforce an award on a submission by entering judgment in accordance therewith, is not a final judgment in an action upon which a bankruptcy notice can be founded within section 4, sub-section 1(g), of the Bankruptcy Act, 1883. Per Vaughan Williams and Fletcher Moulton L.JJ., "the Court has no jurisdiction under Section 12 of the Arbitration Act, 1889 which provides for the enforcement of an award on a submission in the same manner as if it were a judgment, to order judgment to be entered in accordance with the award."

Per Fletcher Moulton L.J., "an application for a bankruptcy notice is not a method of enforcing an award within Section 12 of the Arbitration Act, 1889."

e) Section 325 of the CPC of 1859 provides that 'the Court shall proceed to pass judgment according to the awardand upon the judgment which shall be so given, decree shall follow and shall be carried into execution in the same manner as other decrees of the Court. Section 522 of the CPC of 1882 is in almost similar terms. Ghulam Khan vs. Muhammad (1901) 29 Calcutta Series 167 at 173. It will be convenient at the outset to set out the two sections, namely,325 of Act VIII of 1859 and 522 of Act XIV of 1882, in extense, and in juxtaposition: