M/S. INDUSIND BANK LTD. Vs. MAHESWAR ROUT

JUDGEMENT

(1.) The writ petition was moved on contention by petitioner that it was claimant in the reference and award was made in its favour. Thereupon, it sought to file for execution before the Court below, rejected by impugned order dtd. 27/12/2014 on direction for his client to move the principal civil Court having jurisdiction over seat of the arbitration, in Chennai.

(2.) There was direction for issuance of notice to opposite parties and Mr. Mohanty, learned advocate appears on behalf of opposite party no.1, respondent in the reference.

(3.) Mr. Mishra, learned advocate appears on behalf of petitioner and relies on judgment dtd. 15/2/2018 of the Supreme Court in Civil Appeal no.1650 of 2018 (Sundaram Finance Limited vs. Abdul Samad). He submits, said Court concluded that enforcement of an award through its execution can be filed anywhere in the country, where such decree can be executed and there is no requirement for obtaining a transfer of the decree from the Court, which would have jurisdiction over the arbitral proceeding.