The Supreme Court today ruled that the issue as to whether a decree has been discharged or satisfied has to be determined by the executing court under Section 47 of the Code of Civil Procedure (CPC). Appointing a Chartered Accountant for the purpose would be in excess of the jurisdiction of the High Court, the Bench of Chief Justice of India Dipak Misra and Justice DY Chandrachud ruled. By way of background, an arbitral proceeding took place between the appellant and the respondent under the Arbitration Act, 1940. The disputes originated from a contract of 1980 for certain civil works […]
The post Executing Court has to determine whether decree has been discharged, Supreme Court
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