Execution

Arunav (Querist) 17 November 2015 This query is : Resolved
Dear Sir(s),

Background :
The execution proceeding has been initiated on the basis of consent award passed by the Arbitrator.
Query : The consent award has been passed in favour of the party which is different than party in execution.
Can execution proceedings stands.
If no than under what provisions.

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Saurendra Rautray (Expert) 18 November 2015
Hi,
Execution case needs to be filed by a party who is a party to the arbitration case. A third party who is neither party to the arbitration agreement nor party in the arbitration proceeding cannot sue or be sued .
Regards
Saurendra
09437008255
www.rautray.com

R.K Nanda (Expert) 18 November 2015
execution cannot be passed against third party.

Sreedhar Valiveti (Expert) 18 November 2015
Dear Arunav, you have been wrongly advised. EP is not maintainable.

Rajendra K Goyal (Expert) 18 November 2015
Execution can not be initiated against third party.

However, state full facts for proper advise.

K.S.Srinivas (Expert) 18 November 2015
E.P. does not stand.

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