dispute arises between the parties. Admittedly, the petitioner
has failed to repay the loan amount availed by him, which
prompted the respondent to invoke arbitration clause, initiated
arbitral proceedings against the respondent wherein, the
arbitrator has passed an award on 30.10.2009 having issued
notices to the petitioner herein. If at all the petitioner is
aggrieved by the award of the arbitrator, it is for him to work
out his remedy in the manner known to law before the appropriate
forum. However, he approached executing Court by moving an
application under Section 47 CPC, which, the Court below has
rightly rejected the same on the ground that it is not
maintainable. It is a well settled law that once the execution
of arbitration agreement is not in dispute and all the issues
including jurisdiction are to be decided by the arbitrator and
any factual aspects must be raised before the arbitrator. There
is an appeal remedy before the appellate forum only under
Section 34 of the Act, certainly knowing that they cannot be
raised in an execution petition as, once the award is passed, it
attains finality and to be executed as a decree of a civil
Court.
