Urgent, execution petetion arbitration
Yash
(Querist) 16 February 2015
This query is : Resolved
Hi, lost arbitration and the EP has been filed by degree holder in court.
Have not received notice from court till today, however, able to check through internet the status of EP.
The current order states
"
List of property along with affidavit not filed. Be filed on or before the next date of hearing subject to last opportunity on 4.4.2015.
"
Please help with the below queries:
1) I have not received the notice from court. please suggest the meaning of above order.
2) I donot hold any property in Gurgaon.
3) Will I get the notice from court and be allowed to contest the EP.
4) Please make me understand the meaning of above order.
5) Will they directly clock my bank accounts without giving me any chance?
Yash
(Querist) 16 February 2015
Please note that the arbitral award is of 2,50,000 INR. It is not related to any property.
Advocate Bhartesh goyal
(Expert) 16 February 2015
why did you not challenge the Award by filing objections u/s 34 of Arbitration and Conciliation Act?If there is limitation,file immediately.Once court admits objections than it is automatically stay on execution.
Yash
(Querist) 16 February 2015
Was late in filing objection due to bad legal advice....condonation of delay is dismissed...
Pls advice on my queries in first post
Devajyoti Barman
(Expert) 17 February 2015
1. Appear in EP and contest it.
2. No issue if you have other properties in other city.
3.you should but it appears it is already served upon you.
4.the petitioner is asked to supply list of your properties to court. I tcna be both movable and immovable.
5. Yes, court can freeze your bank a/c if its details are proved to you.
Yash
(Querist) 17 February 2015
I have not been served notice by court. First date of hearing was 03-01-15 when DH appeared and second date of hearing was 07-02-15 when this order is released.
"list of property alongwith affidavit not filled."
so logically notice could not be served upon.
Pls confirm if it is mandatory o file list of property details with EP or it is only called upon when JD does not appear before court.
selva perumal
(Expert) 17 February 2015
It is a duty upon the decree holder to state the mode of execution of the E.P if they failed to list out the property for attachment which is seeking in the E.P then the court would return the same for correction if they failed to do so then it will dismissed for default. If you were contested in the Arbitration proceedings then no notice will be given to you in the E.P. If it is an ex-parte order after serving the notice to you and hearing your objection the court will decide further.
Yash
(Querist) 17 February 2015
With all due respect to everyone, finding it confusing
it is mentioned in one of the post by lawyer that I will be given notice. However previous post mentioned that no notice will be sent.
My case is , in arbitral award I was made ex parte, i applied fr condonation of delay which was dismissed.
Now ep is filled.
Requesting pls confirm if I will be served notice or without notice court will block property.
Devajyoti Barman
(Expert) 18 February 2015
notice will be served as without it there will be violation of natural justice. However since you are aware of EP you can appear without waiting for service of notice.
Yash
(Querist) 18 February 2015
Thank you for response, I will not be contesting the EP, I am just waiting for the notice from court and will pay the amount.
Though I am aware that if I file the review petition in High court for condo nation of delay, I will win and objections filled will be contested, however, to be frank I am tired now, It has been 3 years now with this stress and the money & time wastage.
Anyways, Thanking everyone to provide guidance.
Rajendra K Goyal
(Expert) 18 February 2015
Agree with the advise of expert Devajyoti Barman .
If you are in a mood to pay, it is OK.
Dr J C Vashista
(Expert) 19 February 2015
I agree with the expert advise of Mr. Devajyoti Barman, attend EP proceedings and inform the Court your willingness to pay qua decretal amount.
T. Kalaiselvan, Advocate
(Expert) 19 February 2015
You decide about making payment either waiting for the notice to be served on you and then making payment or you voluntarily entering appearance and making payment. In fact you have chance to prefer appeal against the arbitral award too, decide upon the best chances that is available before you.
Yash
(Querist) 19 February 2015
One of the issue is that condonation of delay is dismissed in patiala house on 15-dec-14. The option for that is review petetion in high court.
Now ep is already filled in gurgaon.
If I go gor contesting even in high court i will need to contest tow cases: one for stay of ep and another in high court.
Not even sure if I could get stay on ep while contesting review petetion in high court.
