Supreme Court · 2018 INSC 146 · Decided 15 February 2018

Sundaram Finance Limited v. Abdul Samad & ANR.

Court
Supreme Court of India
Citation
2018 INSC 146 · [2018] 10 S.C.R. 451
Case number
CIVIL APPEAL No. 1650/2018
Decided
15 February 2018
Bench
JASTI CHELAMESWAR, SANJAY KISHAN KAUL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 38, 39, 46; Arbitration Act Section 36, 32, 42, 2(e)

Headnote

Arbitration and Conciliation Act, 1996 - ss.36, 32, 42 and 2(e) - Whether an award under the Act is 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 whether the award can be the assets are located - Held: s.36 of the Act shows that an award is to be enforced in accordance with the provisions of the Code of Civil Procedure in the same manner as if it were a decree - The enforcement of an award through its execution can be filed anywhere in the country

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