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This civil revision is directed against the order dated 26.3.2010 passed by the District Judge, Ghaziabad in Execution Case no. 43 of 2004 for enforcement of arbitral award dated 11.12.2003 passed by Arbitral Tribunal under Arbitration and Conciliation Act, 1996.

Heard Sri Ravi Kant, learned Senior Advocate, assisted by Sri Tarun Agrawal, Advocate for the applicant and Sri Navin Sinha, learned Senior Advocate, assisted by Sri Anurag Khanna, Advocate for the respondent.

The question which arises for consideration is whether the validity of arbitral award can be challenged in proceeding for its enforcement under Section 36 of the Arbitration and Conciliation Act, 1996 (herein after referred to as the ''Act') taking recourse to section 47 C.P.C.

To support the contention, learned counsel for the respondent has placed reliance upon the judgment of Delhi High Court in the case of Anil Mehra Vs. East India Weaving Ltd. and others 91 (2001) Delhi Law Times - 535.

I have considered the arguments advanced by the learned counsel for the parties and perused the record.

It is no doubt correct that District Judge has rejected the objections filed by the applicant under Section 47 C. P. C. in the proceedings for execution of the award on the ground that they are barred by res-judicata in as much as same objections filed under Section 34 of the Act has already been dismissed as barred by limitation. However, the question whether the principles of res-judicata would be applicable and whether the award is nullity and the said question can be raised in execution proceedings would merit consideration only if the applicant is held to be entitled to file objection under Section 47 C. P. C. in the proceedings for execution of arbitral award.