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Umesh Khanna (CEO)     06 February 2014

Slp filed in arbitral award

To recover money from  debtors i had filed a case in arbitration , the opposing party since day one refused to acknowledge the arbitration agreement  and did not appear in the arbitration courts and the final award was challenged in the single bench high court ,the order was in my favor , then challenged in Double Bench again the order was in my favor...mean while the award was in execution court and property of the opposing company was attached, in the notice for arbitration ,claim and final award  directors of the opposing company were also named along with the company.... the judge granted us attachments on the assets of the company but not on the assets of directors as different entity , we had tried to lift corporate veil for the same .

.... Now the opposing party has approached supreme court of india and has filed SLP (Civil)cc..... please guide me urgently as what should we do ? our lawyers are double minded whether to oppose it at spl stage or let notice come..... according to them SC doesnot usually interfere with arbitration so a loose watch strategy should be adapted, pls guide its very urgent as to what should be done?

in the SLP hearing can the court pass orders concerning execution or has to give us the notice,


 2 Replies

Prakash K Sinha (amateur)     06 February 2014

If the bone of contention in the SLP relates to a judgement of a subordinate court, then in normal circumstances and as a measure of natural justice, the party affected in the above judgement may be served a notice to file counter affidavit to admit the SLP.

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

I agree with the advice given by  Mr.Prakash Sinha on the subject.Thus, you may adopt the loose watch strategy for the present.

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