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What options available since decree in execution in high court?


21-Dec-2023 (In Recovery Law)
There is my mothers property that was mortgaged. After 1.5 years we were not able to pay the EMI's. The concerned bank filed a case in the High Court and through the Arbitrator, bank got the orders in their favor. Now the decree has been filed for execution in High Court and our advocate didn't file for objection to the decree. What are the options available now?
Answers (3)

Answer #1
578 votes
Please provide to me some relevant information. Firstly, is it a decree of the court or an award passed by the arbitrator? Secondly, when was the decree or the award passed? Date of the decree/ award would help to determine the total delay that you may face if you now choose to object to the same. If there are valid reasons, the court would be generous to condone the delay and allow your objection/appeal. Apart from the above, there are several measures in law under which you can apply for stay of the execution of the decree/award. Please get back to me with relevant information so that i can guide you better. Regards
Answer #2
554 votes
If the Property Is your mother name and you are not able to file an execution no problem in it you can go for your own proceeding in that mean while you file the writ in the high court the property is in the execution is not related to bank is related your mother after the expiry i would to know that there is property in your mother name. Get Stay on the execution for your own property if its in your possession
Answer #3
913 votes
Ask your advocate to challange the award of arbitrator by filing application under section 34 of arbitration and conciliation Act. you have not explained that under what cirumstances the EMI was not paid. The proper advise can only be furnished after perusal of records.

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