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

2011 Supreme(Online)(KER) 45803

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
ABDUL SALAM AGED 49 YEARS BLOCK – Appellant
Versus
M/S MAHINDRA & MAHINDRA FINANCIAL SERVIC – Respondent


J U D G M E N T

This Original Petition is in challenge of Ext.P5, order passed by the learned District Judge, Thodupuzha in E.P. No.5 of 2007 overruling objection of petitioners as to executability of award passed by the Arbitrator under the Arbitration and Conciliation Act, 1996 (for short, “the Act”). Earlier warrant of arrest was issued to the petitioners. At that time petitioners approached this Court with O.P(C) No.2600 of 2011 contending that plea raised by petitioners regarding executability of the award and jurisdiction of learned District Judge to execute were not considered. This Court by Ext.P4, judgment directed learned District Judge to consider the said objections. Learned District Judge considered the objection and passed Ext.P5, order holding that the award is executable. It is contended by learned counsel that as held by the Madhya Pradesh High Court in Computer Sciences Corpn. India (P) Ltd. v. Harishchandra Lodwal (AIR 2006 MP 34) unless the decree certificate is transferred to the court of learned District Judge under Sec.39 of the Code of Civil Procedure (for short, “the Code”) the award cannot be executed in another court.

2. Two objections which petitioners ra

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