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2005 Supreme(MP) 783

N.K.MODY
Computer Sciences Corporation India – Appellant
Versus
Harishchandra Lodwal – Respondent


Advocates:
R. T. Thanewala, for Petitioner.

Judgement

ORDER :- Being aggrieved by the order dated 24-1-2003, passed by VII ADJ, Indore, in Arbitration Execution Case No. 9/02, whereby application for transfer of decree has been dismissed, the present revision has been filed.

2. Short facts of the case are that the award was passed in favour of the petitioner on 1-11-2002. Petitioner moved an application under Section 36 of the Arbitration and Conciliation Act, 1996 for enforcement of the award before the Learned Court below. Petitioner also moved another application for transfer of the decree. Further prayer was that since respondents are residing at Delhi, therefore the decree be transferred to the Court of Delhi. By the impugned order Learned Court below has dismissed the appeal on the ground that the petitioner is at liberty to file the execution proceedings at Delhi itself.

3. Learned counsel for the petitioner submits that Section 42 of the Arbitration and Conciliation Act, 1996 laid down the jurisdiction which reads as under :-

42. Jurisdiction.- "Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force, where with respect to an arbitration agreement any application under th











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