Section 47 CPC Application Not Maintainable in Execution Proceedings filed under Arbitration Act: Allahabad HC

The Allahabad High Court has ruled that an application u.s 47 CPC is not maintainable in execution proceedings u.s 17 of Arbitration Act of 1940. According to the Single Bench of Justice Piyush Agarwal, an arbitration award is not a decree as defined u.s 2(2) CPC and therefore any objection filed u.s 47 CPC, that

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