Ashadeepak (Lawyer) 30 September 2012
An award passed by Madras High Court and transferred for execution of decree to Thane Maharashtra where the loanee was residing when loan was taken whether this can be appealled as the JD shifted from the old resisdence to new at Mumbai and he came to know about the award only after the Indusind bank approached in person and summons were got issued afresh at new address. If it can be appealled where in Mumbai or at Madras or it cannot be appealled u/s 34 of arbitration.
H. S. Thukral (Lawyer) 30 September 2012
An Award would not have been passed by HC. It must be a judgment/decree. Please clarify.
Ashadeepak (Lawyer) 30 September 2012
sir, arbitrator has passed the award and Hon'ble High Court of Madras has forwarded the copy of Award and a certificate of Non-Satisfaction in the suit and requested District Court Thane , Maharashtra to cause such steps to be taken in reference thereto as you mey be moved to do by the parties legally interested therein. Resulting filing of appliction for execution of Decree.
Regards
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 30 September 2012
Yes you can contest for setting aside the award with delay condonation.
It is the standard practice of banks and NBFC to appoint arbitrators at distance place and get awards without notice to the party.
You can first take chance for filing action u/s 34 before Dt court and if not allowed move to HC.
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