Decree Execution - The Legal Chamber

The Supreme Court held that the Arbitration Act is a self-contained code, limiting judicial interference. Letters Patent Appeals against execution orders under the Act are not maintainable. It mandated the issuance of notice under Order XXI, Rule 22 of the CPC to legal representatives as a jurisdictional prerequisite before proceeding against a deceased judgment debtor's estate. Facts Of The Case: The dispute originated from an arbitral award dated 12.07.2010, passed in favour of the appellant, Bharat Kantilal Dalal, against his late father concerning family assets. After the father's death, the appellant sought to execute the award against his uncle (the father's brother), who was the sole beneficiary and executor under the father's Will. The uncle, along with other respondents, res...

The Supreme Court partially allowed the appeal, modifying the High Court's order by reducing the appellant's liability to ₹15 lakhs as full and final settlement of the decree. The Court exercised its discretionary power under Article 142 to ensure complete justice, considering prolonged litigation, and clarified that the order was fact-specific and not a precedent. Facts Of The Case: The case originated from a money recovery suit filed by the respondent, V. Sudarsanan, against the original defendants for ₹79,69,544/- with 9% interest on a principal loan of ₹58,50,000/- secured by a mortgage. During the pendency of the suit, the appellant, Umedraj Jain, purchased the mortgaged property from the defendants and attempted to implead himself in the proceedings, but his application was dismiss...

Tag: Decree Execution

Supreme Court Explains: How Legal Representatives Must Be Heard Before Estate Is Attached

Supreme Court Landmark Settlement : Order Caps Pending Debt at ₹15 Lakhs in Mortgage Case