Adv. Nitin Prabhakar
(Querist) 08 January 2022
This query is : Resolved
After getting Arbitration Award in our favor, we go to court for execution of award. Hear in execution petition order goes ex-party. Should we go for Recovery Suit? What is the procedure of recovery of money? We are registered MSME....
Dr J C Vashista
(Expert) 09 January 2022
File execution petition under order XXI CPC. Read relevant provisions of CPC some of them are:
Section 38 of the Code states that a decree can be executed either by the Court of the first instance or by the Court to which it has been sent for execution.
Section 37 of the Code further establishes the scope of the expression “court which passed a decree” with the object of enabling a decree-holder to recover the fruits of the decree. The courts which fall within the said expression are as follows:
The court of the first instance; The court which actually passed the decree in case of appellate decrees; The court which has jurisdiction to try the suit at the time of execution, if the court of first instance ceased to exist; The court which at the time of execution had jurisdiction to try the suit, if the court of first instance has ceased to have jurisdiction to execute the decree. Explanation to the section clarifies that the court of first instance shall have jurisdiction to execute a decree even in the case of any area being transferred from the jurisdiction of the court of first instance to the jurisdiction of any other court. In such cases, the court to the jurisdiction of which such area has been transferred will also have jurisdiction to execute the decree, provided that the said court had jurisdiction to try the said suit when the application for execution was made.
Advocate Bhartesh goyal
(Expert) 11 January 2022
You need not to file separate suit for recovery of money particularly when you have got Arbitration Award in this regard.Get execute Award. Follow the guidelines and explanations of Dr.J.C.Vashista sahib .