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2O HIGH COURT OF DELHI
EX.P. 228/2011
RELIGARE F INVEST LIMITED Decree Holder
Through: Mr. Prakash Gautam, Advocate
EX.P. 228/2011
RELIGARE F INVEST LIMITED Decree Holder
Through: Mr. Prakash Gautam, Advocate
VERSUS
ARJUN KUMAR SHYAMDASANI & ORS
JUDGMENT
Debtor
Through
Through
CORAM:
HONBLE MR. JUSTICE VIPIN SANGHI
ORDER
09.09.2011 By this execution petition, the petitioner seeks to execute the arbitral award dated 10.05.2011 passed by Shri Nitin Chadha, sole
Arbitrator. The award made under the Arbitration and Conciliation Act under Section 36 can be enforced under the C.P.0 in the same manner as if it were a decree of the Court. However an award is not exactly a decree of a Court. There is no question of this Court issuing a transfer certificate. Neither the judgment debtor nor the properties of the judgment debtor which are sought to be attached and sold in this execution petition are located within the jurisdiction of this Court.
It is open to the decree holder to prefer an execution petition in a
Court within the jurisdiction of which the judgment debtors or their properties are located. This has been the consistent view of this Court, following the decision in DaeIim Industrial Co. Ltd V. Numaligarh
2011:DHC:13754 - 4 Refinery Ltd., 159(2009) DLT 579.
Dismissed.
VIPIN SANGHI, J SEPTEMBER 09, 2011 as 2011:DHC:13754
Arbitrator. The award made under the Arbitration and Conciliation Act under Section 36 can be enforced under the C.P.0 in the same manner as if it were a decree of the Court. However an award is not exactly a decree of a Court. There is no question of this Court issuing a transfer certificate. Neither the judgment debtor nor the properties of the judgment debtor which are sought to be attached and sold in this execution petition are located within the jurisdiction of this Court.
It is open to the decree holder to prefer an execution petition in a
Court within the jurisdiction of which the judgment debtors or their properties are located. This has been the consistent view of this Court, following the decision in DaeIim Industrial Co. Ltd V. Numaligarh
2011:DHC:13754 - 4 Refinery Ltd., 159(2009) DLT 579.
Dismissed.
VIPIN SANGHI, J SEPTEMBER 09, 2011 as 2011:DHC:13754