Sundaram Finance Ltd. Represented By ... vs Abdul Samad

The Supreme Court addressed the conflicting views of various High Courts regarding the execution of arbitration awards under the Arbitration & Conciliation Act, 1996. It clarified that an award must first be filed in the court having jurisdiction over the arbitration proceedings for execution, as per Section 36 of the Act, before obtaining a transfer of the decree to the court where the assets are located. The Court held that the execution proceedings initiated directly in the court where the assets are located were not maintainable, thereby upholding the trial court's order for lack of jurisdiction.