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2003 (9) TMI 545 - SUPREME COURTinterim award - Held that:- The award had already been set aside by the Civil Judge. No award therefore was in existence which was capable of execution. Unless and until the order of the Civil Judge was set aside and the award was directed to be made a rule of court, no decree in terms thereof would have been drawn up. The execution case would have been maintainable only after preparation of the decree in terms of the award after the same is made a rule of court. In the absence of any award, therefore in our opinion the High Court had no jurisdiction to pass the impugned order. In any event, in the name of an interim order, the High Court could not have passed the impugned order the effect of which will be that not only the order of the Civil Judge is set aside, the decree also would stand executed. Such an order at the interim stage is not contemplated in law.
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