Necessity of transfer certificate for filing execution against ex party arbitration award
vinod bansal
(Querist) 13 January 2012
This query is : Resolved
R /Experts
An ex party arbitration award was passed by arbitratar in Delhi,there after DH Company filed execution petition against JD at Jind where JD is residing (JD was also residing at Jind at the time of agreement)now court at Jind is insisting me to withdraw the execution or to produce transfer certificate,kindly enlighten me on this issue.Thanks
vinod Bansal Advocate
ajay sethi
(Expert) 13 January 2012
if arbitration was done in delhi .award passed in delhi . you have to make application for execution of decree in delhi . court will then transfer it for execution to jind
prabhakar singh
(Expert) 13 January 2012
yeah! as simple as opined by Mr.Sethi.
Raj Kumar Makkad
(Expert) 14 January 2012
The court which passed decree over the award of arbitrator has only got power to get it executed though it has power to transfer the same to an appropriate court to get it executed if JD resides out of his jurisdiction. so you cannot file EP at Jind rather Court of Delhi shall send it. There is technical difference between both the situations.
Deepak Nair
(Expert) 14 January 2012
Righlty advised by the experts above
Devajyoti Barman
(Expert) 14 January 2012
Yes the transfer order needs to be obtained from Delhi only.
vinod bansal
(Querist) 14 January 2012
Thanx to all r/Experts
