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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.Jagadish Chandira, J
Sundaram Finance Ltd. – Appellant
Versus
K.Karthikeyan, S/o.Krishnaraj – Respondent
ORDER :
A.D. Jagadish Chandira, J.
This Civil Revision Petition has been filed to partly set aside the Order dated 11.07.2023 passed in IA No.106/2023 in Arbitration No.ST/SF/018/2021 on the file of Principal District Judge, Tiruppur, in so far as directing the Petitioner to file an IA for enforcement of order under sec.17 and appointing an Advocate Commissioner to accompany and assist the Bailiff.
2.Brief facts of the case:
The petitioner/Finance Company represented by its authorised representative had entered into a loan cum hypothecation agreement with the respondents herein on 12.09.2018 who purchased a vehicle along with its accessories. The total agreement value was Rs.4,50,744/-, payable in 60 monthly installments commencing from 10.10.2018 for a sum of Rs.7,654/- per month. Since the respondents were irregular in paying of installments, the vehicle was recovered from them and sold for Rs.1,85,000/- on 31.01.2020 and in respect of the balance sum of Rs.1,50,035.10, the present arbitration proceedings was initiated against the respondents. The petitioner had moved an application under section 17 of the Arbitration and Concilliation Act seeking for a direction to the respondents t
The interim order of an Arbitral Tribunal is enforceable as a court order, and the District Court cannot require a separate application for its enforcement.
Arbitral orders must be enforced through civil courts, as per the Arbitration and Conciliation Act, 1996.
Arbitration – Interim Award - when the dispute is a commercial dispute as defined under the Commercial Court Act, the Civil Court competent to enforce the interim order is the Commercial Court.
Point of law: No power vested with the Arbitrator to act as a Civil Court and enforce the order. This is quite clear from sub section (2) of Section 17 which specifies that the order so passed by the....
The arbitral tribunal cannot enforce its own orders; enforcement must be through a civil court, ensuring the protection of third-party rights.
The executing court for arbitral orders operates ministerially, adhering strictly to the order's enforceability without reviewing the arbitral decision's merits, ensuring minimal judicial interferenc....
(1) There is nothing in Arbitration Act that prohibits contracting parties from agreeing to a provision providing for an award being made by an Emergency Arbitrator.(2) No appeal lies under Section 3....
The enforcement of arbitral awards must comply with the Arbitration Act, and objections under CPC are inadmissible once the time for challenging the award under Section 34 has expired.
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