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EXECUTION PETITION NO. 341 OF 2019

Case between M/s. Shriram Transport Finance Co. Ltd. Branch Office vs Kasim M.K. et al regarding Enforcement of Arbitration Award

Court
MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-12-21
Duration

Judgement document from eCourt website

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Case Summary

Petitioner, M/s. Shriram Transport Finance Co. Ltd., seeks execution of an Arbitration Award against Judgment Debtors, Kasim M.K. and others.

Judgment Outcome

Partial Relief
Interim Order
Petitioner's execution petition was not maintainable before the Munsiff Court.
Judgment Favored
Unknown
Relief Granted
Case Type
Execution Proceeding
Final Judgment
No
Key Reasoning:

Judgment Evidence:

Parties Involved

Plaintiffs

M/s. Shriram Transport Finance Co. Ltd. Branch Office (59 Years years) 2nd Floor, KMS Tower, Thazhepalam, Tirur

Defendants

Kasim M.K. (45 Years years) Puthiyakadappuram PO., Niramaruthoor amsom and desom, Tirur Taluk, PIN 676 302 Jaisal C.K. (30 Years years) Shalimar, Janatha Bazar, Niramaruthoor amsom, desom, Niramaruthoor PO., Tirur Taluk. 676 302

Documents & Evidence

Document Type: Arbitration Award
Submitted By: Plaintiff
Relevance:
The application is for execution of Arbitration Award dated 15-12-2018
Reference:
Document Type: Decision - Sundaram Finance Ltd. V. Abdul Samad and Another (AIR 2018 SC 965)
Submitted By: Unknown
Relevance:
Counsel reliance on the decision in the petition
Reference:
Document Type: Decision - 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:
Discussion on enforcing or executing an award
Reference:
Document Type: Decision - Mahesh B. Shah V. Joseph (2005 (3) KLT 787)
Submitted By: Unknown
Relevance:
Interpretation of 'Court' in Section 36
Reference:
Document Type: Decision - ICDS Ltd. V. Mangala Builders Pvt. Ltd. (AIR 2001 Kar. 364)
Submitted By: Unknown
Relevance:
Competency of Court to execute arbitral award
Reference:
Document Type: Decision - Metro Silks and Sarees V. Darpan Traders (2009 (3) KLT 916)
Submitted By: Unknown
Relevance:
Jurisdiction of Court to execute arbitral award
Reference:

Quick Facts

Location
Case Filed
Outcome Confidence
50%

Involved Entities

Financial Institution

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