Execution of Arbritration Award

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asked Feb 8, 2016 in Civil Law by anonymous
An arbitration award went in favour of a Company "A' represented by its Proprietor

Can this award be enforced if the Company has closed without assigning its right to any one.

I made the payment by a cheque in favour of company. But the court is insisting on making payment to the Proprietor in his personal name.

Under what sections of law, can this be challenged. Any rulings of any court?

1 Answer

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answered May 21, 2016 by Env Coord
If it is a Private Limited company, then Properitor has rights to recover the amount under his name.
If it is a Public Limited Company then share-holder or other Creditors of the Company also have right to recover the money.

Arbitration Award can be Challenged in High-Court. You can also file Civil Writ Petition under Section 151 of CPC in the High Court for obtaining stay-order against the execution of the Award.
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