Published on: November 03, 2023 at 01:33 IST
Court: High Court of Allahabad
Citation: Madhyanchal Vidyut Vitran Nigam Ltd. V. Shashi Cable (2023)
Honourable High Court of Allahabad has held that the enforcement of an Arbitral Award through its execution can be initiated anywhere in the country where the decree can be executed. It is held that there is no requirement of obtaining a transfer of the decree from the court which would have jurisdiction over the arbitral proceedings.
12. From the judgments delivered by the Counsel for the parties and referred above, the Executing Court having jurisdiction to execute the award can be any court anywhere in the Country, where the decree can be executed and thus in view of the law expounded in the case of Cheran Properties Limited (Supra), I have no hesitation in holding that the objection of the petitioner that the Court at Lucknow had no jurisdiction loses its relevance and is worthy of rejection.
Thus, on the ground of jurisdiction, the argument of the Counsel for the petitioner cannot be sustained as there is no error or infirmity in the order impugned dated 10.03.2023 passed by the Commercial Court, Lucknow and the same is upheld.
Drafted By Abhijit Mishra