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EXECUTION PETITION NO. 113 OF 2018

Case between Yogakshemam Loans Ltd. vs Asharaf et al regarding Execution of Arbitration Award

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

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Petitioner Yogakshemam Loans Ltd. seeks to enforce an Arbitration Award against respondents Asharaf, Sharafudheen, and Shameerali.

Judgment Outcome

Partial Relief
Interim Order
The petition for execution was not maintainable before the Court due to lack of jurisdiction.
Judgment Favored
Unknown
Relief Granted
Case Type
Execution of Arbitration Award
Final Judgment
No
Key Reasoning:
Reason not clearly mentioned

Judgment Evidence:

Parties Involved

Plaintiffs

Yogakshemam Loans Ltd. (Age not specified years) Yogakshemam Apartments, Kallingal Line, Thiruvampadi, Thrissur District

Defendants

Asharaf (41 years) Moothedath House, Edayur PO., Malappuram, 676 554 Sharafudheen U.P. (38 years) Urathpalliyil House, Painkannur PO. Shameerali (36 years) Moothedath House, Edayur PO., Malappuram, 676 554

Reliefs

Relief Type: Execution of Arbitration Award
Outcome: Not Decided
Description:
Request for enforcement of Arbitration Award
Evidence:
The application is one for execution of Arbitration Award, dated 08-12-2017 under Order XXI, Rule 38 of the Civil procedure Code.

Documents & Evidence

Document Type: Arbitration Award
Submitted By: Unknown
Relevance:
Execution sought under Order XXI, Rule 38 of the Civil Procedure Code
Reference:
Document Type: AIR 2018 SC 965
Submitted By: Unknown
Relevance:
Interpretation of Sub Section (4) of Section 34 of the Act regarding termination of arbitral proceedings
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:
Enforcement and execution of awards by competent Civil Court
Reference:
Document Type: Mahesh B. Shah V. Joseph, (2005 (3) KLT 787)
Submitted By: Unknown
Relevance:
Court interpretation under Section 36 in accordance with Section 2(e)
Reference:
Document Type: ICDS Ltd. V. Mangala Builders Pvt. Ltd., (AIR 2001 Kar. 364)
Submitted By: Unknown
Relevance:
Competence of Court defined under Section 2(1)(e) to execute arbitral awards
Reference:
Document Type: Metro Silks and Sarees V. Darpan Traders (2009 (3) KLT 916)
Submitted By: Unknown
Relevance:
Jurisdiction of Court to execute arbitral award as per definition in the Act
Reference:

Quick Facts

Location
Case Filed
Outcome Confidence
50%

Involved Entities

Yogakshemam Loans Ltd.

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