Arbitral proceedings

mahesan (Querist) 24 August 2014 This query is : Resolved
Arbitral exparte award passed 4 years back. Petitioner filed Execution petition for attachment. Immediatly respondent filed application for setaside the arbitral award. Execution petition is maintainable in this stage. Any citations infavour of respondent?

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R.K Nanda (Expert) 24 August 2014
ur for whom?

mahesan (Querist) 24 August 2014
respondent sir

Raj Kumar Makkad (Expert) 24 August 2014
Though pending proceeding of setting aside, stay order against the execution proceeding can definitely be provided by District Judge wherein such proceeding is pending, yet do not provide such judgments here.

R.K Nanda (Expert) 24 August 2014
yes, maintainable. search google for citations.

Devajyoti Barman (Expert) 25 August 2014
After 120 days from the date of passing of award no application u/s 34 of the Act lies.

Rajendra K Goyal (Expert) 25 August 2014
Citation not provided in this section.

ajay sethi (Expert) 25 August 2014
we dont provide citations

malipeddi jaggarao (Expert) 25 August 2014
No citations are supplied.

T. Kalaiselvan, Advocate (Expert) 30 August 2014
Arbitral exparte award passed 4 years ago and now filing a petition to set it aside?, well it is hopelessly barred by limitation, however on rejection of the said petition, you may go for a revision against it, in the mean time you may seek injunction restraining the operation of EP in the EP court.

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