Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 42 and 2(e) Arbitration and Conciliation Act 1996 – ss.36 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – ss.36, 32, 42 and2(e) – Whether an award under the Act is required to be first filed inthe court having jurisdiction over the arbitration proceedings forexecution and then to obtain transfer of the decree or whether theaward can be straightway filed and executed in the Court wherethe assets are located – Held: s.36 of the Act shows that an award isto be enforced in accordance with the provisions of the Code ofCivil Procedure in the same manner as if it were a decree – Theenforcement of an award through its execution can be filed anywherein the country where such decree can be executed and there is norequirement for obtaining a transfer of the decree from the Court,which would have jurisdiction over the arbitral proceedings – Codeof Civil Procedure, 1908 – ss.38,39,46 and Or.XXI, rr.6, 11(2). |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2018 INSC 146 |
Petitioner | Sundaram Finance Limited |
Respondent | Abdul Samad & Anr. |
SCR | [2018] 10 S.C.R. 451 |
Judgement Date | 2018-02-15 |
Case Number | 1650 |
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