Setting aside execution decree or setting aside arbitral award

Divya (Querist) 03 March 2012 This query is : Resolved
A bank had to recover credit card dues for which they initiated arbitration proceedings & the notices & award copy were sent to fake addresses..Bank in a few months went for award execution by filing a Darkhast.....Now my biggest question is what should I challenge: the award or the decree??? The decree is a result of fraud & concealment of facts from the courts - does decree become a nullity in the eyes of law?? Or should I challenge the Award & raise that award is obtained by fraud & misrepresentation??? Or do I put an appeal for setting aside both the decree & the award.

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R.K Nanda (Expert) 03 March 2012
File appeal against both.

Guest (Expert) 04 March 2012
The following questions arise on your query:

1) Did not you participate in the arbitration proceedings or on the day of award that the award has to be sent to some address (may be right or wrong)?

2) Did you at ny time reside on the address on which the arbitration award was sent?

Divya (Querist) 04 March 2012
Hello Mr. dhingra

we did not come to know of arbitration proceedings since bank had intentionally sent legal notices & award copy to fake addresses despite knowing the correct address. Infact the arbitration petition mentions the correct address but the notices & award were sent to a fake address....This fraud came to our notice only when the execution proceedings were initiated.

prabhakar singh (Expert) 04 March 2012
Appeal would be better way to deal.

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