M/S S.E Investments Ltd v. M/S Pel Industries Ltd & ORS

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 25/2015 M/S S.E INVESTMENTS LTD ..... Decree Holder Through Mr. P. Nagesh, Advocate.

versus M/S PEL INDUSTRIES LTD & ORS ..... Judgement Debtors Through Mr. Vivek R. Mohanty, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU % 18.05.2017

O R D E R

This is a petition filed for enforcement of an arbitral award dated 10.09.2014. Mr P. Nagesh, learned counsel appearing for the petitioner (Decree Holder) states that the assets of the Judgment Debtors are located outside Delhi and, therefore, the present petition may require to be transferred.

It is seen that the present petition is filed under Section 36 of the Arbitration and Conciliation Act, 1996 to enforce the arbitral award as a decree. However, an award is not a decree and there is no impediment for the petitioner to approach the concerned court(s) for enforcement of award / decree, within whose jurisdiction the assets of the respondents (Judgment Debtors) are located.

The petition is accordingly disposed of with liberty to the petitioner to approach the concerned court for enforcement of the arbitral award dated 10.09.2014.

VIBHU BAKHRU, J MAY 18, 2017 RK