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SRINAGAR WING
MEHRAJUD DIN BHAT AND ANR – Appellant
Versus
M/S SHRI RAM TRANSPORT FINANCE COMPANY LTD – Respondent
Serial No. 148
Supplementary Causelist 2
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) No. 133/2023
CM No. 3751/2023
CM No. 3752/2023
Mehrajud Din Bhat & Anr.
….. Petitioner(s)
Through:
Mr. Parvaiz Nazir, Advocate.
V/s
M/S Shri Ram Transport Finance Company Ltd.
…..Respondent(s)
Through:
Mr. Saqib Amin Parray, Advocate.
CORAM:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
ORDER
16.06.2023
CM(M) No. 133/2023:
1.
Heard the learned counsel for the petitioners at length as also the
learned counsel appearing on behalf of the respondent and perused the
record.
2.
The present petition has been preferred under Article 227 of the
Constitution seeking setting aside of the proceedings initiated by the Court
of Principal District and Sessions Judge, Srinagar in an execution petition
titled M/S Shri Ram Transport Finance Company Ltd vs. Mehrajudin Bhat
& Anr, filed by the respondent herein for execution of the award dated 7th
December 2015.
3.
The learned counsel appearing on behalf of the petitioners has
vehemently argued that the Executing Court does not have the jurisdiction to
deal with the execution proceedings. He fu
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....
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 only the High Court of Gujarat has jurisdiction to execute a foreign award under section 47 of the Arbitration and Conciliation Act, 1996, and....
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....
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 execution application for an arbitral award is valid in the court of initial recognition, irrespective of concurrent challenges in other jurisdictions.
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