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P.srinivas (business)     14 August 2014

Execution petition

Hello sir,

Arbitrator given judgement in my favour and I filed EP in Dist.Court,  opp party filed appeal u/s 34 of 
Arb.Act 1996 and my EP automatically stayed.  They have filed appeal on the last day of Limitation period without proper court fee , the court has returned the plaint after 40 days and granted 7 days time to pay the deficit but they did not comply and re-submitted saying that they have paid according to the appeal.  The court returned again for the same reason after 45 days granted againt 7 days time, this time the opp. party paid the correct court fee and the court numbered their appeal.  The opp.party not submitted any request letter u/s 148 nor anything but the court numbered the appeal / plaint  after 60 days of the limitation period is lapsed.  I went to High Court and filed CRP on deficit court fee saying that the appeal they have filed was not a proper one and even after the court granted time to comply the court fee but the opp party failed.  The High Court stayed their appeal in the lower court saying that until this CRP finalised all the proceedings in the appeal should be stayed.  The opp party also not filed any stay petition alongwith their appeal. Even after two months they have not filed any vacate petition in High Court.  

MY QUERY IS :  IS MY EP CAN PROCEED AS USUALLY AS THEIR APPEAL GOT STAYED BY HIGH COURT. 



Learning

 1 Replies

Advocate Bhartesh goyal (advocate)     14 August 2014

No,your execution petition can not be proceed further until petition u/sec 34 of Arbitration and Conciliation Act finally decided.


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