Legal Question in Consumer Law in India

where a case is maintable in the consumer forum against non payment of arbitration award if the other party -share broker has already filed a recourse petition u/s 34 of the arbitration act in the court of district judge without sending any notice to me as required u/s 33 of the arbitration act.


Asked on 9/08/09, 10:51 am

3 Answers from Attorneys
KAMAL GROVER

you can file execution of the award in the civil court.

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Answered on 9/08/09, 11:43 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The proceedings before consumer forum may not be maintainable.

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Answered on 9/09/09, 8:24 am
Pawan Jangid

For initiating proceeding u/s34 of the Act for setting aside arbitral award, it has nowhere been prescribed to have the notice u/s33 served on opposite party. Sec 33 of the Act deals with different situation. For sec34 limitation period of 3 months applies. An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal.

you should defend the case. Execution may also be filed after 3 months but the same may become useless if stay has been obtained in the proceedings u/s34 of the Act.

Consumer Forum has no remedy against it.

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Answered on 9/09/09, 10:31 am


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