Indian Kanoon - Search engine for Indian Law

One of the contentions raised by the Advocate General for the State of Andhra Pradesh unless the award is passed by the Council at Chandigarh is transferred like decree under the provisions of C.P.C. the award is not executable in the State of Andhra Pradesh by filing Execution Petition before City Civil Court, Hyderabad, but the learned counsel for the respondent refuting such contention drawn the attention of this Court to a judgment of the High Court of Madras rendered in Kotak Mahindra Bank Ltd. v. Sivakama Sundari and others wherein it is held that there is no need to transfer the award like a civil court decree.

One of the contentions raised by the learned Advocate General is that in the absence of transfer of decree from Chandigarh Court to City Civil Court, Hyderabad under Section 40 of C.P.C., the award/decree is not executable. No doubt, a decree in a suit unless it is transferred under Section 40 of C.P.C. it is not executable in City Civil Court, Hyderabad. But here, it is only award. However, the learned counsel for the respondent strongly contended that award need not be transferred since it is not a decree in civil suit and drawn the attention of this Court to a judgment of the High Court of Madras rendered in Kotak Mahindra Bank Ltd. v. Sivakama Sundari (referred supra), wherein it is held as follows:

18. If no application for execution can be filed before the Arbitral Tribunal, by treating the Arbitral Tribunal as the Court which passed the decree, the Arbitral Tribunal cannot also order the transfer of the decree (or award) to any other Court for its execution. Similarly, there is no provision either in the Code or anywhere else, to treat a court, within whose jurisdiction the Arbitral proceedings took place, as the court which passed the decree. It is only when a court within whose jurisdiction the arbitral award was passed, is taken to be the court which passed the decree within the meaning of Section 37 and Order XXI, Rule 10 of the Code that the award holder would be entitled to seek transmission from that court.