Arbitral award - Enforcement of - Award can be straight away filed and executed in Court where assets of judgment debtor are located and, therefore, while seeking execution of Award, no transfer certificate in terms of S. 39 Civil P.C. is required

Citation

AIROnline 2020 Del 1671

DELHI HIGH COURT

MS . REKHA PALLI , J.

OMP (ENF.) (COMM.) - 10 of 2020 D/- 3 - 12 - 2020

ATLANTA LTD. v. GOVT. OF RAJASTHAN AND ANR.

Arbitration and Conciliation Act (26 of 1996), S.36 - Arbitral award - Enforcement of -

Respondents State of Rajasthan and Union of India held liable to pay to petitioner decree holder

- Bank account of State of Rajasthan directed to be attached, on execution petition but not been

attached - Execution powers, cannot go behind arbitral award - Award can be straight away

filed and executed in Court where assets of judgment debtor are located and, therefore, while

seeking execution of Award, no transfer certificate in terms of S. 39 Civil P.C. is required -

Union of India granted four weeks' time to deposit the amount. Civil P.C. (5 of 1908), S.39 -

 (Paras 9 , 10 , 11 , 12) 

Cases Referred Chronological Paras

(2018) 3 SCC 622

Chirag M. Shroff for Petitioner; Ajay Digpaul, Cgsc With M