Limitation of execution of Ex Parte Decree

Querist : Anonymous (Querist) 23 November 2010 This query is : Resolved
What is the time frame within which the petitioner, who has won an ex parte decree to realise a sum of money from a firm, can file for execution of that ex parte decree? Experts...Please reply early.

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Parveen Kr. Aggarwal (Expert) 23 November 2010
The maximum period is twelve years. There is no minimum period prescribed for filing execution petition except the period specified for compliance by the court passing the decree.

s.subramanian (Expert) 23 November 2010
yes. I agree.

Advocate. Arunagiri (Expert) 24 November 2010
Well advised.

Tarun Thakur (Expert) 24 November 2010
i also agree..

Funny question why the decree holder want to delay ... Execute it at the earliest..

Surrender K Singal (Expert) 25 November 2010
Does it hold good for Arbitral Award too, after lapse of 90 days, without filing any objection to the Award ?

M V Gupta (Expert) 25 November 2010
The above position (i.e., 12 years period) holds good upon the award is converted into a decree.

Devajyoti Barman (Expert) 25 November 2010
yes

Parveen Kr. Aggarwal (Expert) 15 December 2010
Mr. Surrender K Singal,

It holds good for an arbitral award also because after expiry of the period of ninety days and no objections being filed for setting aside the award, it becomes enforceable like a decree passed by a civil court by virtue of provision contained in section 36 of the Arbitration and Conciliation Act, 1996.

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