1. Suggest you file an execution petition as advised by experts as above, and indicating the pending proceedings in the EP. Unless and until it is an application under 34 of Arbitration Act filed within time it shall not act as stay of EP proceedings.
2. Even assuming there are pending proceedings , the bonafides whether in wrong court and whether being prosecuted with due diligence will be determined to exclude time spent in such proceeding, under sec 14 of limitation Act as laid down case of Deena v. Bharat Singh through Lrs. and Ors reported in AIR 2002 SC 2768, that despite issues of non-maintainability being raised very early in litigation, if the person continues to prosecute, he cannot be said to have acted in good faith taking due care and attention.
3.Citing this judgment of the apex court, the Delhi High Court held in Satnam Singh v. Pamela Manmohan Singh & Ors reported in CM(M) 1290 of 2008 as follows:
“Where a person is deliberately pursuing a remedy before a wrong court, the only inference can be drawn is that the intention of the person is to delay the proceedings. No inference can be drawn that he was diligently pursuing the remedy before a wrong court. Therefore, benefit of section 14 could not have been given by the trial court even under Section 5”