SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(JK) 317

HIGH COURT OF JAMMU AND KASHMIR
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, J
HDFC BANK PRIVATE LIMITED (BANKS) – Appellant
Versus
ABDUL KHALIQ BUTT – Respondent


Advocates:
Mr. Taha Khalil, Advocate

 ORDER :

1. Heard learned counsel for the petitioner at length and perused the record.

2. The short submission which has been advanced by learned counsel for the petitioner is that arbitral award is treated as a deemed decree of the Civil Court for the purposes of enforcement and execution under section 36 of the Arbitration & Conciliation Act, 1996 and therefore, the proceedings are thereafter governed by Order XXI of CPC, wherein, Rule 17 provides the procedure on receiving the application for execution, whereby, the Court is under statutory mandate to execute the decree. Thus, according to the learned counsel, the impugned order dated 9th May, 2024 passed by the Court of Additional District Judge (Bank Cases) Srinagar (Designated Commercial Court) is perfunctory and not tenable in the eyes of law and the same is liable to be set aside in the light of the fact that appropriate remedy has not been availed by the respondent under section 34 of the Arbitration & Cancellation Act, 1996, wherein the procedure for setting aside arbitral award is laid down.

3. Learned counsel has drawn the attention of this Court to section 34 of the Arbitration and Cancellation Act, 1996, wherein the proc

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top