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J. Sathiyamoorthy (Legal Officer)     25 October 2020

Arbitration Award Excution, can arrest or not ?

In a Bank Recovery Case, sole arbitrator pass the award against respondent to pay the loan amount. Respondent not paid the award amount. In the situation, can bank file Arrest EP under CPC or not ?

Experts please give the answer.


Learning

 1 Replies

P. Venu (Advocate)     26 October 2020

The Bank can file Execution Petition seeking the judgment debtor be kept in civil prison to compel him to clear the debt. However, such petition would be allowed only is in default inspite having the means. Moreover, such petition is not permissible against women.


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