Enforcement of award can be filed anywhere in country where such decree can be executed and there is no requirement for obtaining transfer of decree from Court, which would have jurisdiction

Citation

CDJ 2018 SC 126

Sundaram finance versus Abdul samad and others

Head Note

Code of Civil Procedure, 1908 – Section 37, Section 39, Section 47, Section 151, Order 21 Rule 27 – Arbitration & Conciliation Act, 1996 – Section 36, Section 41, Section 42 – Companies Act, 1956 – Section 635(4) – Arbitration Act, 1940 – Jurisdiction – Transfer of decree – Whether award under the Act was required to be first filed in Court having jurisdiction over arbitration proceedings for execution and then to obtain transfer of decree or whether award would be straightway filed and executed in Court where assets were located –

Court held – Award passed by Arbitral Tribunal is deemed to be decree under Section 36 of Act, there was no deeming fiction anywhere to hold that Court within whose jurisdiction Arbitral award was passed should be taken to be Court, which passed decree – Enforcement of award can be filed anywhere in country where such decree can be executed and there is no requirement for obtaining transfer of decree from Court, which would have jurisdiction – Order of Trial Court is set aside restoring execution application filed by Appellant before Courts – Appeal allowed

(Paras 21, 22, 24)

Cases Referred:
Jasvinder Kaur & Anr. v. Tata Motor Finance Limited (CMPMO No.56/2013 decided on 17.9.2013)
Swastik Gases Private Limited v. Indian Oil Corporation Limited 9 JT 2013 (10) SC 35).
I.C.D.S. Ltd. v. Mangala Builders Pvt. Ltd. & Ors. (AIR 2001 Karnataka 364)
Daelim Industrial Co. Ltd. v. Numaligarh Refinery Ltd. (2009 159 DLT 579) (Delhi High Court)
Maharashtra Apex Corporation Limited v. V. Balaji G. & Anr. (2011 (4) KLJ 408)(Kerala High Court)
Kotak Mahindra Bank Ltd. v. Sivakama Sundari & Ors. (2011) 4 LW 745)(Madras High Court)
Kotak Mahindra Bank Ltd. v. Ram Sharan Gurjar & Anr. (2012) 1 RLW 960)(Rajasthan High Court)
GE Money Financial Services Ltd. v. Mohd. Azaz & Anr. (2013 SCC OnLine All 13365 = (2013) 100 ALR 766)
Indusind Bank Ltd. v. Bhullar Transport Company (MANU/PH/2896/2012)(Punjab & Haryana High Court)
Sri Chandrashekhar v. Tata Motor finance Ltd. & Ors. (2015) 1 AIR Kant R 261)(Karnataka High Court)
Computer Sciences Corporation India Pvt. Ltd. v. Harishchandra Lodwal & Anr. (AIR 2006 Madhya Pradesh 34)

Comparative Citations:
2018 (1) KLJ 803, 2018 (1) RCR(Civil) 994, 2018 (2) Scale 467, 2018 AIR(SC) 965, 2018 (1) ILR(Ker) 657, 2018 (3) JT 16, 2018 (2) MAH.LJ 301, 2018 (2) ArbLR 1, 2018 (2) KLT 293, 2018 (3) SCC 622, 2018 (3) LW 219, 2018 (2) CTC 101, 2018 (3) MLJ 862,