TMI Blog2001 (3) TMI 1086X X X X Extracts X X X X X X X X Extracts X X X X ..... e decree is void ab initio and a nullity, he has raised the following points:- i). East India Weaving Company had purchased the goods from the decree holder but there was no arbitration agreement between the two nor was any legal liability or obligation binding the judgment debtor by way or arbitration as the judgment debtor by way of arbitration was the judgment debtor by way of arbitration as the judgment debtor was not a member of Delhi Hindustani Mercantile Association. ii). That the award and proceedings are wholly and in gross violation of the law's mandate and Therefore both of them are a nullity and non est. 2. Admittedly the applicant/judgment debtor is one of the Directors of East India Weaving Company Limited. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tration, or it contains decisions on matters beyond the scope of the submission or arbitration: Provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the arbitral award which contains decisions on matters not submitted to arbitration may be set aside; or v. The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this part from which the parties can not derogate or failing such agreement, was not in accordance with this part; or b) The court finds that- i) the subject matter of the dispute is not capable of settlement by arbitrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hough as withdrawn. 7. May be that the judgment debtor wanted to gain time first by moving the application under Section 34 of the Act and then by filing objections under Section 47 of the Civil Procedure Code thereby challenging the validity of the award. No doubt any judgment debtor has the right to challenge the validity of the decree when it is sought to be executed but in the instant proceedings such a recourse is provided under Section 34 of the Arbitration Act whereby the judgment debtor can challenge the validity of the award on the ground of its being in violation of any law and Therefore being a nullity. As a matter of fact, the provisions of Section 34 are substitute or provisions parallel to the provisions of Section 47 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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