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anu   21 August 2022

Execution petition after order from Arbitration tribunal

Sirs
pvt Finance Company has got an arbitration award in their favor in the year 2018 and the same is now been sent to the court for Execution .The respondent has not filed an appeal due to his I'll health and covid 19.The Company has also managed to get attached his property .Now is it possible to go into apeal against the arbitration award?
The company has also sold the asset I.e.truck at a low price without any notice to the owner .
Your response is highly solicited.


Learning

 1 Replies

Adv. Ravish Bhatt, ADIT, CIOT (Dual Qualified lawyer/ Solicitor International Tax Affiliate CIOT)     21 August 2022

COVID 19 related extension does not come in play herre as it applies after March, 2020.

s.34(3)  provides that application to set aside the award may be made in three months and for a sufficient cause, court could condone delay of further 30 days  but not more than that.  So on your healh or other personal reasons, you could have sought for delay condonation of 30 more days only.

So no, application to set aside could not be filed now.

However, there is no bar against entertaining a writ petition under article 227 whcih could file before jurisdictional high court.  Though no period of limitation applies per se to writ petitions, court will be reluctant to etnertain afeter expiration of period provided in statute (Arbitration and Conciliation Act).  But that seems to be the only possible remedy.


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