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Divya (nil)     05 April 2012

Jurisdiction of court to set aside an execution decree

An ex-party arbitration award was passed by a Mumbai side arbitrator & after which the bank went for executing the award at Thane court (sessions judge ) as the debtors stay in Thane..

 

This execution petition is vitiated by fraud...........So this can be easily set aside on grounds of fraud.........The issue is where should the petition be filed for setting aside the execution decree....................Thane court or Mumbai high court ???



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 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 April 2012

You can file for setting aside of arbitral award u/s 34 of the Arbitration Act in Bombay, also apply for interim relief of stay of execution. 


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