arbitration

Querist : Anonymous (Querist) 13 September 2010 This query is : Resolved
some one has got arbitration award aginst me at aurungabad maharashtra,where can i apeal against it as i am residing in utter pradesh ,can i apeal against it in local court at my place?

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Daksh (Expert) 13 September 2010
Dear Anonymous,
The appeal will be maintainable at High Court of Mumbai alone.
Best Regards
Daksh

Devajyoti Barman (Expert) 13 September 2010
You can file an application under section 34 of the Act for setting aside the arbitral order in principal civil court of original jurisdiction, e.g. District Judge having territorial jurisdiction over the dispute in Aurangabad.

Y V Vishweshwar Rao (Expert) 13 September 2010
I agree with Mr Barman ,
The Award Will be passed on Arbitration agreement , and on reference to Arbitrator he will issue Notice to the parties and after receiving the Written Version of the other side only the arbitrator has to pass an Award , if the same is not followed , you can file petition U/s 34 to Set aside the Arbitral Proceedings & Award .

Chanchal Nag Chowdhury (Expert) 13 September 2010
U may file it in U.P. in the following cases;
1. In a case where the arbitration is on a private reference & a part of the cause of action is in U.P. If the court in Aurungabad Maharashtra had appointed the arbitrator,then U have no option but to approach the Aurungabad court and
2. If there is no case pending in the Aurungabad court.

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