arbitration and execution
advocate satya
(Querist) 10 October 2008
This query is : Resolved
sir
can a arbitration proceeding if not attended and proceded ex parte, and execution is filed how it can be challanged and what is the remedy to contest?
ARVIND JAIN
(Expert) 11 October 2008
FILE AN CIVIL MISC MAIN IN HIGH COURT CHALLENGING THE AWARD AND GET STAY OF EXECUTION.IT MAY BE SUBJECT TO PAYMENT OF SOME AMOUNT IN COURT.
Tribhuwan Pandey
(Expert) 11 October 2008
It would be better let us know why the arbitration proceeding had not been attended.
File an application under Section 34 of Arbitration and Conciliation Act, 1996 for setting aside arbitral award.
H. S. Thukral
(Expert) 13 October 2008
If you reced the copy of the ex-parte Award and then kept quiet till you recd notice of execution proceedings, you should have suffcient cause to explain the delay for not taking steps to set aside the Award. Execution proceedings are filed after the time to file objections which is 3 months after receiving the copy of Award is expired. What you were doing all this time?
ARVIND JAIN
(Expert) 18 October 2008
U CAN FILE WITH AN APPLICATION FOR CODNING THE DELAY.
