04 October 2021, Monday

2 years ago

There should be mechanism for information of all execution petitions on a common platform: Delhi High Court

4 October 2021 (corrigendum issued on 21 October 2021) | Gati Kausar India Ltd. v. BK Structural Contracts Private Ltd. | Ex. FA 14 of 2021 and CM Appl. 25078 of 2021 | Prathiba M Singh | Delhi High Court | 2021 SCC OnLine Del 4780

Disposing an execution first appeal, the Delhi High Court has requested the concerned Rules committee of the Delhi High Court to consider whether any practice directions need to be issued in respect of the entertaining of execution petitions. The court was also of the view that, since arbitral awards may be executable in courts across the country, the e-Committee, Supreme Court of India should also examine if there ought to be any mechanism for information relating to arbitral awards to be uploaded on an online platform such as National Judicial Data Grid.

In the case, an execution petition was filed even prior to the expiry under Section 34 ACA of the time limit of three months from the date of the (interim) award. The executing court was unaware and not informed of the proceedings before the Commercial Court, and vice versa. The judgment debtor delayed serving the decree holder with the application under Section 34 of the Act. The executing court was proceeding ex-parte on the ground that the interim award was not challenged.

Later, the decretal amount was paid in view of the warrants of attachment, subject to the order of the set-aside court. The executing court disposed the petition noting the submission that the payment was under protest and the set-side petition was pending. Subsequently, a final award awarding more sum was passed. The first appeal was also disposed on these terms.

Read the judgment here.


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