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PANKAJ BHATIA
Madhyanchal Vidyut Vitran Nigam Ltd. , Thru. Managing Director – Appellant
Versus
Shashi Cable, Thru. Its Authorized Signatory – Respondent
JUDGMENT :
1. Heard Sri Manish Jauhari, learned Counsel for the petitioner and Sri J.N. Mathur, learned Senior Counsel assisted by Sri Amit Kumar Singh and Sri Utkarsh Srivastava, learned Counsel for the sole respondent.
2. The short question involved in the present petition pertains to the territorial jurisdiction of the court for execution of an award.
3. The facts in brief are that the petitioner and the respondent entered into an agreement on 29.12.2016 for supply of Conductor through Purchased Order No.3366 and thereafter, in pursuance to the said order, an agreement dated 02.07.2018 was also entered into. In terms of the said agreement, certain payments are to be made on the basis of supply made by the respondent to the petitioner. The dispute occurred with regard to the payment of the pending bill raised by the respondent. An application was moved by the respondent on 18.02.2020 claiming an amount of Rs.15,27,30,879/- along with interest thereupon quantified at Rs.4,88,82,916/- through an application before the U.P. State Micro and Small Enterprises Facilitation Council, Kanpur (in short ‘the Council’). The petitioner herein put his appearance before the Council situate at Kanp
The main legal point established is that the Commercial Court has jurisdiction to entertain execution proceedings arising from an award under the Arbitration and Conciliation Act, and the award holde....
The main legal point established in the judgment is that an application for the enforcement of an arbitral award must be filed in the court where the Section 9 or Section 34 application was previousl....
Hon’ble Supreme Court clarified that expression “with respect to an arbitration agreement’ applies to all applications made before or during arbitral proceedings or after award was passed.
The enforcement of an arbitral award can be initiated anywhere in the country where the decree can be executed, without requiring a transfer of decree from the court with jurisdiction over the arbitr....
Execution of arbitral awards must occur in the court where the original arbitration application was filed, as per Section 42 of the Arbitration and Conciliation Act.
The seat of arbitration determines jurisdiction for enforcement of awards, allowing execution within that jurisdiction despite asset relocations, emphasizing the need for transparency in asset disclo....
The execution application for an arbitral award is valid in the court of initial recognition, irrespective of concurrent challenges in other jurisdictions.
The court held that under the Arbitration and Conciliation Act, only the court that entertained the initial arbitration application has jurisdiction to enforce the award, reinforcing exclusive enforc....
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