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Non Payment of Dues by defandant against money suit


19-Sep-2026 (In Recovery Law)
How can we Proceed further in favour of petitioner in Money recovery suit for the non payment of dues against their work done 2years ago. already got a Decree in favour of Petitioner to recover the nonpayment due including interest by defandant. in a Exparte decree , in Arbitration, How to Execute that decree before the Court
Answers (2)

Answer #1
718 votes
If the arbitral award/decree is already in favour of the petitioner and has become enforceable, you can initiate execution proceedings before the competent court under Section 36 of the Arbitration and Conciliation Act, 1996, read with Order XXI CPC. Depending on the facts, you may seek attachment of bank accounts, movable/immovable property, salary or other assets of the judgment-debtor. Please share the award/decree and details of the respondent’s assets for guidance on the appropriate execution procedure.
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Answer #2
553 votes
Since an arbitral award/decree has already been passed in favour of the petitioner, the next step is execution rather than filing a fresh recovery suit. The award must be enforced through appropriate execution proceedings under the Arbitration and Conciliation Act, 1996 read with the applicable provisions of the CPC. An Execution Petition can be filed before the competent court seeking recovery of the decretal amount, interest and costs, along with appropriate attachment and other coercive execution measures against the judgment-debtor. The award, decree/order, calculation memo and proof of service should be placed on record.
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