arbitration
kanwar Lal
(Querist) 13 December 2008
This query is : Resolved
award passed by the arbitrator in mumbai.immovable
property of the customer situated at ludhiana( punjab )can we file execution before the honable court at ludhiana.
G. ARAVINTHAN
(Expert) 14 December 2008
Yes you can execute the award/order of the court at anyplace in India where the place of residence of the respondent or the place of the property
Srinivas.B.S.S.T
(Expert) 17 December 2008
you have to file the execution petition before the district court of Maharastra,as the Arbitration proceedings were held in Mumbai. The District court is the only court competent to execute the orders of the Arbitrator/ or to challenge the orders of the Arbitrator. In your case as the territorial jurisdiction is under Mumbai High court and as the court which has granted decree is the court competent to execute the same, you have to file EP in Mumbai only. You have to file a precept petition as the property is situated out of the territorial jurisdiction of the court.
