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Umesh Khanna (CEO)     12 September 2013

Appeal in sc against arbitral award

Sir ,

I had been awarded a award in arbitration against my sundry debtor and the award has been converted into decree by Delhi High court single judge , the execution petition has been filed in high court,and notices served to the opposing party . The opposing party had filed a appeal against the order of single judge of HC in DB HC they lost the appeal there too.....now since notices have been served and execution proceedings are on , the opposing party is filing the case in supreme court of India. .frankly the opposing party does not want to pay  and therefore trying to gain time . my fathers firm in involved he is 85 years old please consider his age factor

 

1..can anyone please guide as to how to hurry up exec.pet.t ( submit senior citizen certificate) or any other methods.

2. when the case goes to supreme court and executive exe. pet. is still pending, whats legal procedures or points can make us more secure like seek a security on award  before 

SC ot any other legal point....

 

Please help its urgent.

 

Regards

 

the court order will be available if needed

on what grounds can he appeal against the exec. pet. and what can we do to make our legal case strong?

 

pls advise

Regards



Learning

 7 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     12 September 2013

You filed E.P. other party wants to file S.L.P. in the S.C. you file Caveat, so that notice will be served to before admission, you defend see that is S.>l.P. is dismissed. Your father is 85 years senior citizen Fact Track of cases available.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     12 September 2013

Dear Querist,

 

Since the matter involves of execution of decree in respect of an arbitral award which has money element, against the said Order passed by the Hon'ble DB of Delhi HC, the Judgement Debtor (Opp. Party) may approach the Hon'ble Supreme Court in SLP. If you contemplate said move of the JD, you will need to file Caveat in SC so that no Order is passed in the proposed SLP without hearing you.

When you file the suggested Caveat in the Registry of the SC, the JD who is petitioner in the proposed SLP, has to serve upon you the paperbook on you and then only the SLP would be listed / heard.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

R.K Nanda (Advocate)     12 September 2013

consult lawyer of supreme court of india.

Dr J C Vashista (Advocate)     12 September 2013

File caveat in SC so that the SLP, if flied may not be heard.

Advocate Ravinder (Advocate/Attorney)     18 September 2013

Since it is a money decree, when the opposite party chooses to file Appeal in the High Court division bench, it is mandatory that the opposite party should pay half of the decreetal amount to you.  Unless the opp party pays the 50% amount the appeal before division bench will not be numbered. You will be relieved to some extent.  Relating to the rest of the amount, already the above experts have guided you well.  Follow their advice. 

I.S.Roy,Advocate (Advocate)     15 November 2013

File caveat in SC so that the SLP

Mohan Kumar (Advocate chennai 9840261011)     15 November 2013

let them to file the appeal and explain your points in your counter including the age factor of your father


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