Arbitration and conciliation act section 36
Vinesh K Chhaya
(Querist) 21 November 2012
This query is : Resolved
One Can sought interim relief against 2 different parties when the arbitration award ordered against one?
DETAILS
One Person "A" purchased a property through tender system from a co-operative bank, without knowledge of arbitration award in which described that the property tax will bear by the bank.
Then the Municipal Corporation also has demanded for property tax otherwise seal the property.
According to Arbitrator's award the property tax has to be paid by the bank. But bank denied to follow it. So "A" has filed Execution Petition before honorable district court to execute the arbitrator's award in respect of due property tax of Municipal Corporation.
"A" also sought interim injunction against Municipal Corporation in order to stay the procedure of sealing "A"'s property.
The respondent Parties are 2 (One is Bank and another is Municipal corporation)
Execution petition is under section 36 of Arbitration and Conciliation Act 1996 and U/S. 38 & 42 of Specific Relief Act
The Question is
is it possible to file execution petition and interim injunction against two separate parties ?
Reply in detail pls.
Devajyoti Barman
(Expert) 21 November 2012
How could A file execution when it was not party to the proceeding leading to the award.
It is the Municaplity which could execute the award.
The execution proceeding file by A would fail .
A could nevertheless pay for injunction.
