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Pls guide : procedure to transfer the execution from one state to another

(Querist) 29 March 2017 This query is : Resolved 
Execution Case :

In the Agreement, Jurisdiction was New Delhi.

Arbitral Award/Decree Passed at New Delhi. (Bank Guarantee by a Centralised Bank).

Even in Bank Guarantee the Jurisdiction was New Delhi

Execution Case filed at New Delhi But Court Transferred it to the other State.

Then, For Execution, the case was transferred from New Delhi to Other State.

Execution Case filed there in 2013.

Defendent filed a Stay Application U/s 34 in New Delhi Court but could not succedeed to grant a Stay on the Execution.

No stay was granted to the Defendents.

Objection has been dismissed of the Defendents.

It's been 4 years, But till date Execution Proceedings has not been completed.

According to our Local Lawyers : The Defendents are very influencial people connected to a political Party.

So we cannot do anything in their State.

Questions For Fair & Expedite of the Execution :

1). Can we file the Transfer Petition in The Apex Court to transfer the Execution Case from that state to New Delhi ? As the Jurisdiction was at New Delhi only & exclusively.

2). Will Apex Court consider our Transfer Petition ?

3). How much time does The Apex Court tooks to allow/dismiss the Transfer Petition ?

Regards

adv. rajeev ( rajoo ) (Expert) 29 March 2017
On the political influence ground you can seek for the transfer of the case.
Sanjeev (Querist) 29 March 2017
Respected Rajeev Sir, I must appreciate your advice. Thanks
krishna mohan (Expert) 30 March 2017
Defendent filed a Stay Application U/s 34 in New Delhi Court but could not succedeed to grant a Stay on the Execution.

I am of the view if above is true execution petition to be filed by the party in whom award is given before the competent court within the time limit. On arbitration matter court will not delay. Perhaps you can consult with your lawyer as Arbitration matters normally listed and heard periodically and disposed off.
Sanjeev (Querist) 30 March 2017
@ Krishna Sir

Execution filed within time limit.

Everything from Day 1 till date, We have done according to the Indian Law. We have followed every procedure.

But do not know why they are taking time.

It's been four years.

That is why we want to transfer it to New Delhi for Fair & Expedient Trail.

Regards
Sanjeev (Querist) 30 March 2017
Even the Local Lawyers are saying they don't know why the Court is taking it like a regular Civil Case.

Even they have requested the Court so many times for the Expedient Trail.


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