Arbitration, decree execution
satyam khanna
(Querist) 10 February 2012
This query is : Resolved
OK so, A & B go to high court and come to a compromise, then an award is given, for a firm's property and business. Now A comes back to lower court and seeks execution of the decree as B is in possession of the property.
The lower court orders for a Hefty amount as court fee, and the court fee is incorrect as other properties being added to it were not part of arbitration, also that A actually has no means to pay for it.
In such a situation.
1) Will the decree execution set aside, will the High court award be null and void too?
1) What is the best solution for A to do now?
ajay sethi
(Expert) 10 February 2012
if A and B had filed suit in high court court would not have numbered the suit untill office objections are removed . registry must have taken objection proper court fees not paid .
or parties must have given undertaking to pay court fees .
please clarify as to how high court passed award in absence of payment of court fees .
i believe you have not disclosed full facts of the case
satyam khanna
(Querist) 10 February 2012
OK so this case is arbitration case, A appealed to HC to appoint an arbitrator and hence HC did that, a compromise was reached between both the parties and that compromise was converted into an award by the sole arbitrator appointed in this matter by the HC.
For execution of the said award an ISRA case was applied for in the lower court, now in the ISRA execution case A has asked to get possession for the immovable and movable assets.
So basically will there be a court fee in the lower court and if so and there is no mean to pay for it then will the Award given by the arbitrator appointed by HC will be set aside?
satyam khanna
(Querist) 10 February 2012
ALso The high court arbitrator during the course of suit, took the prescribed fee for each sitting from both A & B.
prabhakar singh
(Expert) 11 February 2012
You are already over advised,what is left that you are looking for????
M/s. Y-not legal services
(Expert) 10 February 2012
