Execution of Arbitration award procedure of execution of decree has to be followed - Execution therefore can be sought at any place in country - Refusal to execute award on ground of want of jurisdiction, improper.

Citation

AIR 2018 HIMACHAL PRADESH 90

HIMACHAL PRADESH HIGH COURT

DHARAM CHAND CHAUDHARY , J.

CMPMO No. 390 of 2015, D/- 15 - 3 - 2018

M/s. Mahindra and Mahindra Financial Services Ltd v. Sh. Kana Singh and Anr.

Arbitration and Conciliation Act (26 of 1996), S.36, S.42 - Civil P.C. (5 of 1908), S.38 -

Arbitration award - Execution/enforcement - In matter of execution of award procedure of

execution of decree has to be followed - However award cannot be treated as decree within

meaning of S. 38 of CPC - Execution therefore can be sought at any place in country by initiating

execution proceedings - Refusal to execute award on ground of want of jurisdiction, improper.

AIR 2018 SC 965, Rel. on.

 (Paras 4 , 5) 

Cases Referred Chronological Paras

AIR 2018 SC 965 (Rel.on) 4

(2013) 9 SCC 32 3

(2011) 4 Mad LW 745 4

(2009) 159 DLT 579 4