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Smita_L01042008 (student)     26 March 2010

Urgent opinion is required for Ahmedabad matter

we got two arbitration award in our favour amounting to 2.97 lacs and 11.70 lacs.

our advocate has filed execution case at High Court of Ahmedabad for execution of award. the Ahmedabad High Court has dispossed off the petition saying that it is not an appropriate jurisdiction and reffered the matter to lower court. however advocate has not clarfied the matter and we are still confused.

1. whether execution of above mentioned award can be filed at Ahmedabad High Court?

2. where is petition for execution of award can be filed at Ahmedabad?



Learning

 7 Replies

DISHA D. SHAH (lawyer)     26 March 2010

you cant directly go to high court of ahemdabad ,if your award from arbitration at ahemdabad, file execution petition in city civil court or mirzapur (if rural area)

Smita_L01042008 (student)     26 March 2010

does not the high court of ahemdabad has jurisdiction as the claim amount is more than 10 lacs????

DISHA D. SHAH (lawyer)     26 March 2010

HIGHCOURT  HAS JURDICTION FOR MATTERS REGARDING APPEAL SO FIRST AT ANY AMOUNT OF CLAIM GO TO DISTRICT AND OTHER LOWER COURT.

DISHA D. SHAH (lawyer)     26 March 2010

WE ARE WORKING IN AHEMDABAD ALSO YOU CAN CONTACT FOR MORE

MY MOTHER NAME :- HETABENSHAH MOBILE NO. 09825027591 AT OFFICE TIME

Gundlapallis (Advocate)     26 March 2010

The competent courts for filing execution petition in respect of Arbitration awards are :

 

Territorial - the court under whose jurisdiction the arbitration took place.

 

Pecuniary: It depends on Gujarat's pecuniary limits of various courts - If it is in AP the first case 2.97 comes under sub-court jurisdiction and the later one i.e, >10lacs under District court jurisdiction.

 

Definately, High court has no original jurisdiction to entertain EPs arising from above awards.  

Ritwick Dave (Lawyer)     26 March 2010

you are not clear about your case.

first give brief details then i can help

jyotirmaya behera (advocate)     27 March 2010

you can't file a case direct at high court. there have some process that you should file a case at lower court. if you are not satisfy that judgement then u can go just that above court.


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