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2018 DIGILAW 1157 (JHR)

Magma Fincorp Ltd v. Vivek Kumar Singh

2018-05-17

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. – In both these writ petitions respondents have been validly served. 2. These writ petitions have been listed on various dates, however, the respondents have chosen not to appear in the present proceeding. 3. Challenge in both the writ petitions is to the order passed by the executing court whereby the execution case has been dismissed on the ground of lack of jurisdiction. 4. The issue involved in these writ petitions is now settled by an authoritative pronouncement of the Supreme Court in " Sundaram Finance Limited vs. Abdul Samad and Ors. , (2018) 2 Scale 467 ". It has been held that an application for enforcement of an award through its execution can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining transfer of the decree from the court which may have jurisdiction over the arbitral proceeding. 5. In view of judgment in "Sundaram Finance Limited", the impugned orders are set-aside. 6. The writ petitions are allowed and consequently execution cases filed by the petitioner(s) stand restored to their original file.