INDUSIND BANK LIMITED Vs. PADAM CHAND AND ANOTHER

JUDGEMENT

(1.) The learned executing Court dismissed the execution petition filed by the petitioner on the ground that it had no territorial jurisdiction to execute the award as the same had been passed by the Arbitrator at Chennai.

(2.) It is not in dispute that the properties of the J.D.s are situated within the territorial jurisdiction of the learned executing Court. Therefore, the moot question is whether it had jurisdiction to entertain the execution petition or not.

(3.) The question is no longer res integra in view of the judgment of the Hon'ble Supreme Court in Civil Appeal No. 1650 of 2018 in case titled 'Sundaram Finance Limited versus Abdul Samad and another' wherein the Hon'ble Supreme Court has categorically held that the enforcement of the award which is deemed to be a Whether the reporters of the local papers may be allowed to see the Judgment?Yes decree under Section 36 of the Arbitration and Conciliation Act, 1996, as 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 proceedings. While upholding so, the Hon'ble Supreme Court has set aside the view taken by this Court in CMPMO No.56 of 2013, decided on 17.09.2013, in case titled 'Jasvinder Kaur and another versus Tata Motor Finance Limited'.