Transfer crtificate in respect of execution of arbitration award
Querist :
Anonymous
(Querist) 15 October 2011
This query is : Resolved
I have applied for the transfer decree of arbitration award which has passed in Mumbai, to transfer such case to Guntur District Court, however the said application was rejected by the additional district Judge under Section 208 CR. P. C. and under the reason Non-satisfaction certificate in the arbtration matter on the file of the sole arbitrator under Rule 208 (2) CR. P.C., after expiry of more than six months the same may be acknowledge. Here i did not understand how the rule of CR. P. C. is applicable to the Civil matter and what will be remedy available to me for initiating the matter to the next level.
ajay kumar mishra
(Expert) 15 October 2011
Mr.Anonymous,
file the review petition before the additional District Judge and bring the fact in his notice which is wrong apparent on the face of the record.
Raj Kumar Makkad
(Expert) 15 October 2011
You should have filed a revision before high court and I hope till this period, your petition must have been decided in your favour. Anyway, there is no much delay. You approach high court by way of writ petition.
prabhakar singh
(Expert) 16 October 2011
""Here i did not understand how the rule of CR. P. C. is applicable to the Civil matter""
This goes to prove that how efficient we people of India are in providing us a machinery that is selecting members for our judicial system.
yesterday i was passing through this judgment found that from root to high court division Bench every judge failed to
understand a simple legislative provision of section 6 of Hindu Succession Act 1956,and error done stood corrected by the APEX COURT. Its a Q mark???on the selection process itself.
The case was 4176of2006 Anaridevi & Ors.vs.Parmeshwaridevi & .Ors
Citation: 2006 AIR 3332,2006(6 )Suppl.SCR370 ,2006(8 )SCC656 ,2006(9 )SCALE509 ,2006(12 )JT288.
ANY WAY NOW as remedy moving to high court would be a better bet for you.
Raj Kumar Makkad
(Expert) 16 October 2011
pronouncement of one judicial officer may be reversed by upper court and all subordinate courts by Apex Court but there is no question mark over the efficiency of judicial officer whose judgement has been reversed. This is simplification of all matters and also a question mark over us also. None can be perfect in the world. Question is its approach. It is not better to otherwise abuse judiciary just on the reversal of their verdict or non-understanding of a particular section.
