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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)