This court is of the considered opinion that s. 7 of Arbitration Act clearly conveys that it is not necessary that the parties must enter into an arbitration agreement at the initial stage itself and it would suffice even at the subsequent stage if the parties decide to resolve to dissolve their
dispute through arbitration. The Court is unable to accept the contentions
raised by the learned Senior Counsel appearing for the petitioner, that the challenge as to the jurisdiction of the arbitral tribunal can very well
be raised by petitioner under Section 47 of the CPC in the execution proceedings. The decisions cited by the learned Senior Counsel appearing for the petitioner are purely in respect of the
proceedings of the Civil Court only; and none of the decisions have been rendered in respect of arbitration proceedings involving execution of an
arbitration award. If the contention of the petitioner is accepted, it would defeat the whole purpose of the Arbitration Act of expeditious relief
to the parties and lead to opening of the Pandora's Box even after an award has attained the finality. This petition has been filed by the petitioner -Canara Bank under Article 226 / 227 of the Constitution of India assailing order dated 10.04.2019 (Annexure P/19) passed by learned 25th Additional District Judge, Indore (MP) in execution proceedings as also award dated 19.08.2017 (Annexure P/10) passed by respondent No.1 - Bank of India through its Chief Manager, acting as an
Arbitrator. Considering the fact that the petition has essentially been filed against an order passed by the Civil Court in execution proceedings and an award by the Arbitrator, the present petition is being entertained under Article 227 of the Constitution of India only.
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