ARBITRATION AND RECONCILIATION ACT 1996

R.K.MURARKA (Querist) 01 April 2009 This query is : Resolved
I WANTED TO KNOW IF I WANT TO FILE A EXECUTION PETITION IN SENIOR DIVISION COURT THEN CAN I FILE THE SAME IF YES ACCORDING TO WHICH SECTION CAN I FILE THE EXECUTION PETITION IN SD COURT GUJARAT THIS HAS BEEN A DECREE AS AWARD WAS NOT CHALLENGED BY TH OPPOSITE PARTY AND THEY HAVE KNOWLEDGE ABOUT THE SAME FOR MORE THEN 6 MONTHS HENCE IT HAS BECOME DECREE.
AS IT IS ALREADY FILED IN SD COURT AND NOW THE OPPOSITE PARTY SAYS THE SAME PETITION IS NOT MAINTAINABLE BY SD COURT GUJARAT AS THE PRINCIPLE JUDGE CAN ONLY ENTERTAIN SUCH PETITIONS I.E. DISTRICT JUDGE AND NOT SENIOR DIVISION JUDGE HAS POWERS TO LISTEN TO THIS MATTER OF EXECUTION AS PER ARBITRATION ADN RECONCILIATION ACT.

AWAIT YOUR REPLY TO THE QUERY.

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Rajneesh Malhotra (Expert) 02 April 2009
You can file the execution ONLY in the court from where you have got the Decree.

Your question is not clear.
Is the award by the court or the Arbitrator?

Ashey (Expert) 03 April 2009
Query is not clear ..

Ashey (Expert) 03 April 2009
Normally execution petition is filed before the court which passed the decree

Ashey (Expert) 03 April 2009
Once you get a Transmit Order from the court which passed the decree, then the decree can be executed in another court

adv. rajeev ( rajoo ) (Expert) 03 April 2009
The court which passes a decree has got to entertain the execution petition. If the JD is not residing within the jurisdiction of the court then u will have file a execution petition in the same court and u will have get it transferred to the court ( Senior Div) where the JD resides.