Executing of arbitral award
N.J. MISHRA
(Querist) 10 April 2013
This query is : Resolved
DEAR MEMBER KINDLY HELP;
FOR THE FIRST TIME I AM CONDUCTING ARBITRATION PROCEEDING AND FURTHER NEED TO EXECUTE THE ARBITRAL AWARD THROUGH COURT BUT UNWARE WITH THE PROCEDURE.
MEMBERS PLEASE CORRECT ME IF AM WRONG. ARBITRATION PROCEEDING - ONCE THE ARBITRATION AWARD IS PASSED THE APPLICANT HAS TO WAIT FOR 120 DAYS FOR ENABLING THE RESPONDENT PARTY TO GO FOR AN APPEAL, FAILING WHICH AND AFTER THE EXPIRY OF SAID 120 DAYS APPLICANT CAN EXECUTE THE AWARD THROUGH THE COURT i.e. HIGH COURT / DISTRCIT COURT AND CAN OBTAIN ARREST OF ATTACHMENT.
MY QUERY IS THAT OUR OFFICE IS LOCATED IN MUMBAI AND THE RESPONDENT STAYS IN INDORE AND WE WANT TO ATTACH HIS PROPERTY LOCATED IN INDORE, SO WHAT IS THE PROCEDURE. INCASE IF RESPONDENT'S PROPERTY IS MORTGAGED PREVIOUSLY WHETHER WE CAN ATTACH THAT PROPERTY OR ELSE WE CAN GO CIVIL ARREST OF THE RESPONDENT PARTY.
R.Ranganathan
(Expert) 10 April 2013
The award has to be first sent to the civil court at Indore for execution purposes. You can attach the property only if it is free or if you feel the property already mortgaged is having a high value to satisfy your claim, then you can approach the court for executing your award also against that property.
Adv k . mahesh
(Expert) 10 April 2013
it is mortgaged mention the particulars and also value of the property
Raj Kumar Makkad
(Expert) 10 April 2013
Civil arrest can be prayed to the civil court of Indore in the given case and can be prayed for second charge over the mortgaged property.
