HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9521/2016 Magma Fincorp Limited, Through Its Authorized Signatory Sh. Mahipal Singh, 24, Park Street, Calcutta 700016 ----Petitioner Versus 1. Shobha Ram S/o Sh. Chirmal, 09, Village Jateri Khoh, Tehsil Deeg, District Bharatpur 2. Gullu S/o Sh. Girraj Gurjar, 101, Village Jateri Khoh, Tehsil Deeg, District Bharatpur ----Respondents For Petitioner(s) : Mr. Vivek Goyal, Adv. For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 10/01/2025 This civil writ petition has been filed by the petitioner-decree holder(for short ‘the decree holder’) against the order dated 29.04.2016 passed by the Additional District and Sessions Judge No.1, Deeg, Bharatpur in Execution application No. 77/2016 whereby the said Court returned the execution application to the decree holder. Learned counsel for the decree holder submits that the Hon’ble Apex Court in the case of Sundaram Finance Ltd. Vs. Abdul Samad’ passed in Civil Appeal No. 1650/2018 decided on 15.02.2018 has held that execution for enforcement of award, execution application can be filed anywhere in a country where such decree can be executed and there is no requirement for (2 of 2) [CW-9521/2016] obtaining a transfer of decree from Court which would have jurisdiction over arbitral proceedings. Heard learned counsel for the decree holder. Taking into consideration the facts and circumstances of the case, the order dated 29.04.2016 passed by the Executing Court is set aside and the matter is remanded to the Executing Court to decide execution application filed by the decree holder afresh in the light of the judgment passed by the Hon’ble Apex Court in the case of Sundaram Finance Ltd.(Supra). The Civil Writ Petition stands disposed of. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Gourav/118