Legal name change effect on court case
Yash
(Querist) 25 January 2015
This query is : Resolved
Hi Team,
Challenged arbitral award u/s 34 in Patiala house courts with condonation of delay of 28 days in May 2014 (award was passed in Dwarka courts.)
Application for condonation of delay was rejected on 15-Dec-14.
However, during the pendency of case in Patiala house court, award winner company legal name was changed in Oct 2014 the same was neither notified to me nor court.
The current situation is that Company has filed execution petition in Gurgaon civil court( I live in Gurgaon)using the same old name of the company.
Query:
1) Please suggest if the EP filed is valid in Gurgaon, since award was passed in delhi so they should have got transfer certificate from delhi to Gurgaon.
2) They did not communicate change of legal name to me as well as patiala house court during pendency of case. So, does that make any impact on the award? Please suggest if award is valid or not.
3) Pls suggest the EP filed in the name of old company is valid or not.
4) Please suggest what are the advantage points for me to proceed making this award null.
Please help ASAP.
Devajyoti Barman
(Expert) 25 January 2015
1. The EP is to be withdrawn to have been filed in the court where the award was passed.
2. You can make a issue of maintainability as award was not passed in the name of the current petitioner.
3.Yes, it is valid.
4. When award is passed the executing court can not make any difference/change in the award.
Yash
(Querist) 25 January 2015
For point no. 2: pls elaborate the response.
Will they need to get the award on new name from the arbitrator or from the court. Is it mandatory for them to do it?
If they do not get it changed to new name, and file EP with old name, will that be legal?
