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Ramaprasad (Professor)     23 July 2023

Can a party file an appeal after complying with the lower court judgement?

I had filed for arbitration against my stock broker for unauthorised trades.  The arbitrator passed an award in my favour.  The broker filed a suit in the district court u/s 34 of the arbitration and conciliation act to set it aside.  The court dismissed the suit.  The broker then paid me the amount awarded by the arbitrator.  One monthe later, he filed an appeal in the high court against the district court judgement.  Can he do that?  In the appeal petition, he has not disclosed the fact that he had already complied with the lower court order. What should be my stand?



Learning

 12 Replies

Mr. Sumitra kumar (Advocate)     24 July 2023

@Querist,

What do you do and where do you live(Only State Name not full address)? Also see my declaration given on my home page.

 

Thank you.

Real Soul.... (LEGAL)     24 July 2023

Just simply inform court that the award is staisfied and your claims are settled. Otherwise also there is not much scope for appeal in Arb and Con. Act.

1 Like

Ramaprasad (Professor)     24 July 2023

I am retired and living in Bengaluru.

Mr. Sumitra kumar (Advocate)     24 July 2023

@Querist,

 

Whichever way you come, I wear black color.

 

Thank you.

Ramaprasad (Professor)     24 July 2023

Thank you, Real Soul Sir

P. Venu (Advocate)     24 July 2023

No one is expected to approach the Court suppressing material facts. You may bring this omission to the notice of the Court.

Ramaprasad (Professor)     24 July 2023

Thank you, Venu Sir.  Should I right to the Registrar?

P. Venu (Advocate)     24 July 2023

What is the status of the matter? Has it been aditted? Have you received Notice?

Ramaprasad (Professor)     24 July 2023

It has been posted for admission.  I have not received the notice of hearing.

N.K.Assumi (Advocate)     25 July 2023

Well done @Querist.

P. Venu (Advocate)     25 July 2023

Once the matter is admitted and you recieve the Notice, you may bring the matter to the attention of the Court. It is not proper to write to the Registrar.

Ramaprasad (Professor)     25 July 2023

Thanks Venu Sir.


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