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selva raj   14 October 2019

EXECUTION

Petitioner comp at Trichy. Debtor comp at Delhi. Arbitrator (MSME Fecilitation Corp.)who issued order at Coimbatore. Which Court is competent to effect execution of the order ? Thanks for your response.


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 2 Replies

Real Soul.... (LEGAL)     14 October 2019

You have not mentioned who appointed the arbitrators; wheather it was due to intervention of court or by way of an arbitration of agreement;

If the arbitration process and arbitrator/s were appointed by the court then  the same court will have the jurisdiction for its enforcment as it may withdraw the enforcement to anyother court or reatian it.

However if the parties appointed the arbitrator by acting upon an Arbitration agreement then tthejurisdiction as per the  agreement clasue shall prevaill ;

 

selva raj   14 October 2019

The order was given by Micro Small & Medium Entrepreneur's Fecilitation Council created by Government of India for recovery of dues in business dealings.

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