Sundaram Finance Limited vs Abdul Samad - Supreme Court Important Judgment
Sundaram Finance Limited vs Abdul Samad - Supreme Court Important Judgment 2018 -
On 15th February, 2018, in the case of Sundaram Finance Limited v. Abdul Samad & Anr. [Civil Appeal No.1650 of 2018], the question for consideration was whether an award under the Arbitration & Conciliation Act, 1996 is required to be first filed in the court having jurisdiction over the arbitration proceedings for execution and then to obtain transfer of the decree or whether the award can be straightway filed and executed in the Court where the assets are located.
It was held that “the 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 proceedings.”