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Procedure in case ADJ is not forwarding the execution of award


09-Aug-2023 (In Arbitration Law)
Sir we have put our award for execution in adj court in Sre summoned have been recd by parties but ADJ is not attaching there properties and is holding file with him from last ten days ur next date is on 19 of this month what we should do pls guide.
Answers (3)

Answer #1
706 votes
If you think the court is very lethargic and isn't proceeding in the matter expeditiously, you may approach the High Court under Article 227 with a prayer before the High Court to expedite the proceedings pending before ADJ.
Answer #2
877 votes
You should ask your counsel to press the case for attaching of property, citing reasons that if they are not attached then they are likely to be disposed of and the opposite party in full possibility is likely to abscond, making a mockery of process of Court. Even if then the property is not attached you should move to Hon'ble High Court.
Answer #3
881 votes
In such type of situation if delaying tactics has been adopted by the court you can file expedite application before the concerned high court to expedite the proceeding within certain period of time.
Thanks.

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