Give me suggestions about Arbitration execution filing procedure

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 month ago.

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  • #4740

    My qus is how to file arbitration execution with needed documents n if i hv notrised copy to pass arbitrator with hr sign award so how can i files execution in district court .

  • #4749

    Also refer to your separate question in this regard, which has been just answered: Notrised copy submitted in execution filing. Please read that answer, and do not submit duplicate or similar question separately.

    The detailed procedure for Execution Proceedings is covered in Order 21 of the Civil Procedure Code (CPC). Please read the relevant rules in that Order which are applicable in your case. In particular, see the provisions of Rule 11 of Order 21 of CPC that details provisions relating to filing of written application for execution proceedings, which is reproduced as under:

    11. Oral application.— (1) Where a decree is for the payment of money the Court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the precincts of the Court.

    (2) Written application.— Save as otherwise provided by sub-rule (1), every application for the execution of a decree shall be in writing, signed and verified by the applicant or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a tabular form the following particulars, namely:—

    (a) the number of the suit;

    (b) the names of the parties;

    (c) the date of the decree;

    (d) whether any appeal has been preferred from the decree;

    (e) whether any, and (if any) what, payment of other adjustment of the matter in controversy has been made between the parties subsequently to the decree;

    (f) whether any, and (if any) what, previous applications have been made for the execution of the decree, the dates of such applications and their results;

    (g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together with particulars of any cross-decree, whether passed before or after the date of the decree sought to be executed;

    (h) the amount of the costs (if any) awarded;

    (i) the name of the person against whom execution of the decree is sought; and

    (j) the mode in which the assistance of the Court is required, whether—

    (i) by the delivery of any property specifically decreed;

    (ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of any property;

    (iii) by the arrest and detention in prison of any person;

    (iv) by the appointment of a receiver;

    (v) otherwise as the nature of the relief granted may require.

    (3) The Court to which an application is made under sub-rule (2) may require the applicant to produce a certified copy of the decree.”

    As you might have noticed, sub-Rule (3) says that the court may require the applicant to produce a certified copy of the decree, which in your case is the arbitration award.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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