SUPREME COURT : In Sundaram Finance Ltd. vs. Abdul Samad and Anr

SUPREME COURT : In Sundaram Finance Ltd. vs. Abdul Samad and Anr.

*Execution of an award decree can be filed anywhere in the country, without obtaining a transfer of the decree from the court having jurisdiction over the arbitral proceedings.*

*The enforcement of an award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the court, which would have jurisdiction over the arbitral proceedings.*

*Arbitration and Conciliation Act, 1996 – Section 36 – Arbitral award – Enforcement as a decree in accordance with provisions of the Code of Civil Procedure, 1908 – Is award required to be first filed in the court having jurisdiction over the arbitration proceedings for execution and then to obtain transfer of the decree or can it be straightway filed and executed in the court where the assets are located – Whether the enforcement of an award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the court, which would have jurisdiction over the arbitral proceedings – Held, yes

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