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Supreme Court of India 2018-02-15 allowed

Sundaram Finance Limited vs Abdul Samad & Anr

Bench: 2 — Sanjay Kishan Kaul

In Brief

A finance company obtained an arbitral award against a loan defaulter and sought to execute it in Morena courts in Madhya Pradesh. The trial court rejected the application, holding that the award must first be filed in the court having jurisdiction over the arbitration and then transferred. The Supreme Court allowed the appeal, holding that an arbitral award can be enforced in any competent court across the country without first obtaining a transfer from the court where the arbitration took place. The Court clarified that while awards are executed "as if" they were decrees, they are not actually passed by any court, and jurisdictional rules governing arbitral proceedings do not apply to execution applications.

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Arbitration Execution of Awards Civil Procedure Jurisdiction Inter-court Transfer Arbitration & Conciliation Act 1996

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