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EXECUTION PETITION NO. 274 OF 2018

Case between M/s. Shriram Transport Finance Co. Ltd., Rep. By Power of Attorney Holder Vijayakumar V.M. vs Noushad E. et al regarding Execution of Arbitration Award

Court
Court of the Munsiff of Tirur
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-12-21
Duration

Judgement document from eCourt website

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Case Summary

Case involves M/s. Shriram Transport Finance Co. Ltd. seeking enforcement of an Arbitration Award against respondents Noushad E. et al.

Judgment Outcome

Partial Relief
Interim Order
The petition for execution of Arbitration Award was found not maintainable before the Munsiff Court and returned for filing before the proper Court.
Judgment Favored
Unknown
Relief Granted
Case Type
Execution Petition
Final Judgment
No
Key Reasoning:
Not clearly mentioned

Judgment Evidence:

Parties Involved

Plaintiffs

M/s. Shriram Transport Finance Co. Ltd. (Not mentioned years) Consultant Legal, Branch Office, 2nd Floor, KMS Tower, Thazhepalam, Tirur

Defendants

Noushad E. (35 years) Calicut Road, Valanchery, 676 552 Vinoop K. (35 years) Kakkatt House, Kurumbathur amsom, desom and post, Near Juma Masjid, Kurumbathur, 676 301

Documents & Evidence

Document Type: Arbitration Award
Submitted By: Plaintiff
Relevance:
Execution petition filed for enforcement
Reference:
Document Type: Order XXI, Rule 37 & 38 of the Civil Procedure Code
Submitted By: Unknown
Relevance:
Relevant procedural rules mentioned
Reference:
Document Type: Sundaram Finance Ltd. V. Abdul Samad and Another (AIR 2018 SC 965)
Submitted By: Unknown
Relevance:
Legal precedent cited
Reference:
Document Type: Bhoomatha Para Boiled Rice (M/s.) and Oil Mill V. M/s. Maheshari Trading Company and Others (AIR 2010 AP 137)
Submitted By: Unknown
Relevance:
Legal precedent cited
Reference:
Document Type: Mahesh B. Shah V. Joseph, (2005 (3) KLT 787)
Submitted By: Unknown
Relevance:
Interpretation of 'court' mentioned in Section 36
Reference:
Document Type: ICDS Ltd. V. Mangala Builders Pvt. Ltd., (AIR 2001 Kar. 364)
Submitted By: Unknown
Relevance:
Jurisdiction of court to execute arbitral award
Reference:
Document Type: Metro Silks and Sarees V. Darpan Traders (2009 (3) KLT 916)
Submitted By: Unknown
Relevance:
Court jurisdiction to execute arbitral award
Reference:

Quick Facts

Location
Tirur
Case Filed
Outcome Confidence
50%

Involved Entities

Finance Company

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