Appeal against execution arbitration award exparty

Dinesh (Querist) 05 July 2015 This query is : Resolved
Where should I appeal when a petitioner filled for the execution of arbitration award? should i filled the appeal in the same court i.e district court

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Dr J C Vashista (Expert) 06 July 2015
You are to file an appeal u/s 34 of the Arbitration & Conciliation Act, 1996 before District Judge.
However, you may file objection before executing court, if you do not want to move an appeal.

Rajendra K Goyal (Expert) 07 July 2015
Agree with the expert.

Saurendra Rautray (Expert) 09 July 2015
Hi,

You need to file Section 34 Application before the concerned District Judge. Filing of an appeal under Section 37 would only be filed after that and that too in the High Court. Please remember that filing of section 34 has to be done within 3 months from the date of receiving of the award and further 30 days is allowed but con donation application has to be filed along with the application.
If Section 34 is not filed or filed after 3 months and 30 days then in that case nothing can be done and you can only challenge the calculation of the award before the Executing Court.

Regards

Saurendra Rautray

Rautray&Co
New Delhi
B/318 Vasant Vihar
www.rautray.com
09437008255

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