2012 (2) TMI 662

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....96 ('Act') seeking the issuance of a precept to the Court of the learned District Judge, Bangalore, Karnataka where the assets/properties of the Judgment Debtors ('JDs') are stated to be situated. The alternative prayer is for a direction that the present execution petition be transferred to the Court of the learned District Judge, Bangalore, Karnataka. 2. In terms of the Award ....

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....Guwahati. The JD in that case argued that the Court which passed the decree would be the Court which had entertained the application under Section 34 of the Act, which was the District Court at Golaghat, and therefore an order of transfer of the decree from the District Court at Golaghat to this Court had to be obtained by the DH. The said objection was overruled by holding that the territorial ju....

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....cree in terms of the award (except in terms of Section 34) and in the absence of any provision in the 1996 Act making the Arbitral Tribunal a Court which passed the decree and in the absence of any provision anywhere making the court within whose jurisdiction an award was passed as the court which passed the decree, it is not open for any executing Court (i) either to demand transmission from any ....