the CPC, the petitioner has every right to file an objection under Section 47 of the CPC and the same is very much maintainable. In view of the above contention, the learned counsel for the petitioner submitted that the learned trial Court below has committed an illegality by passing the impugned rejection order, thereby rejecting the objection of the petitioner under Section 47 of the CPC on the ground that same is not maintainable. Per contra, the learned counsel appearing for the Opposite Parties submitted before this Court that, the validity of an arbitration clause or the award can only be questioned by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, in the manner as has been provided therein for the setting aside of an award. He further contended that the A&C Act, 1996 being a special statute, provides for a distinct procedure to be followed while dealing with validity of an arbitration clause or an award passed by the arbitrator under the A&C Act 1996. He further contended that, the provisions of the CPC have limited application on the execution proceedings under the A&C Act, 1996, furthermore, the provision contained in Section 47 of the CPC is not applicable to the said execution proceedings under Section 36 of the A&C Act, 1996, particularly regarding the objection of the petitioner as to the validity of arbitration clause of the award in the execution proceeding under Section 36 of the Act.
