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SUNDARAM FINANCE LIMITED vs. ABDUL SAMAD & ANR.

SCR Citation: [2018] 10 S.C.R. 451
Year/Volume: 2018/ Volume 10
Date of Judgment: 15 February 2018
Petitioner: SUNDARAM FINANCE LIMITED
Disposal Nature: Appeal Allowed
Neutral Citation: 2018 INSC 146
Judgment Delivered by: Hon'ble Mr. Justice Sanjay Kishan Kaul
Respondent: ABDUL SAMAD & ANR.
Case Type: CIVIL APPEAL /1650/2018
Order/Judgment: Judgment
1. 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).

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Arbitration and Conciliation Act
  • 1996 – ss.36
  • 32
  • 42 and 2(e)
5. Equivalent citation
    Citation(s) 2018 AIR 965 = 2018 (3) SCC 622 = 2018 (3) Suppl. SCC 622 = 2018 (3) JT 16 = 2018 (3) Suppl. JT 16 = 2018 (2) SCALE 467