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Recovery case after the order of facillitation council under MSMED Act
16-Dec-2023 (In Arbitration Law)
For Non Payment after supply to a party in Kolkatta, facillitation Council Set up under MSMED Act was approached in Kanpur. The Council has given an award in our favour. Now execution case has to be filed as the party has not made payment even after the Council order.
If the party has not make payment yet then immediately file a execution case before the appropriate court where jurisdiction lies. After execution order the party will make payment because the court will call the party to make payment before the court being failed the court will give specific order against the party who will make payment.
Thank you.
Thank you.
Helpful?
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Adv. Sougata Chatterjee
Kolkata | 100+ Answers
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MY OPINION THAT non payment after supply to a party at Kolkata, you can have award at Kanpur under MSMED Act by the council but still payment not being made though execution case you have filed before already , i think you have ample ways for realization of the award ,you should move at actual forum,contact with me.
Helpful?
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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Sir, perused your matter in details. Since an award has been passed in your favour, you have to execute it immediately. Since the party who has defaulted is within Kolkata jurisdiction, you can file execution petition in Kolkata itself. Please contact for more details.
Helpful?
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Adv. Abhishek Dutt
Kolkata | 100+ Answers
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Dear Querist,
Yes, an execution case u/s 36 has to be filed after expiry of 90 days from the date of the said Award, in the concerned judicial forum having jurisdiction for the enforceability of the said Award.
Regards,
Sohail Haque
Yes, an execution case u/s 36 has to be filed after expiry of 90 days from the date of the said Award, in the concerned judicial forum having jurisdiction for the enforceability of the said Award.
Regards,
Sohail Haque
Helpful?
30+
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Adv. Sohail Haque
Kolkata | 25+ Answers
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