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2018 (9) TMI 2128 - HC - Indian LawsArbitration for resolution of disputes - Corporation has now raised a contention that the application for setting aside the arbitral award may be competent before the Commercial Court, however, the Execution Petition of the Contractor would not be, since the claim of the contractor in such Execution Petition is below Rs. 1 Crore - HELD THAT:- As is well known, once an award is passed by the Arbitral Tribunal, the same can be challenged in terms of Section 34 of the Arbitration Act. Subsection [1] thereof provides for recourse to a Court against an arbitral award that may be made only by an application for setting aside such award in accordance with subsection [2] and subsection [3]. If such an application for setting aside arbitral award is not filed, or if filed and the same is not entertained, the award could be enforced in terms of Section 36 of the Arbitration Act. Since in the present case, jurisdiction of the subject matter which was part of the arbitration proceedings ordinarily lies with the Commercial Court and it was because of this reason that the application for setting aside the arbitral award was transferred to the Commercial Court, it was the Commercial Court which was competent to enforce the arbitral award; as if it were a decree of that Court - there are no force in the contentions of the Corporation - Division Bench of this Court in case of M/s. OCI Corporation vs. Kandla Export Corporation & Ors., [2018 (2) TMI 412 - SUPREME COURT] in which the question as to which Court would be competent to entertain execution petition to enforce award from an international commercial arbitration came up for consideration before the Court. Petition dismissed.
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