Following conflicting judgments passed by several high courts, the Supreme Court ruled that an arbitral award can be executed anywhere in the country where the judgment debtor’s assets are located. The ruling clarifies that there is no requirement to first file in the court with jurisdiction over the arbitration proceedings and to then obtain a transfer of the decree.
In the Sundaram Finance v Abdul Samad & Anr case, Sundaram Finance had initiated arbitral proceedings against Samad for repayment of a loan. A demand notice was served by publication, and when Samad failed to appear for the arbitral proceeding, an award was passed directing him to repay the loan amount. Execution proceedings were filed in the trial court in Morena, Madhya Pradesh state, where Samad’s assets were located.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
