Search Results for Tag : Execution proceedings

News

AP HC: Executing Court Cannot Appoint Advocate Commissioner in Execution Proceedings(09.02.2022)

Andhra Pradesh High Court has ruled that the Executing Court cannot appoint Advocate Commissioner in execution proceedings after the trial court has a.....

Tags : Andhra Pradesh High Court, Execution Proceedings

SC: Claims Raised by Obstructer in Execution Proceedings to be Adjudicated by Executing Court(07.12.2021)

Supreme Court has held that claims raised by an obstructer including questions relating to right, title or interest in the property in execution proce.....

Tags : Supreme Court, Execution Proceedings to be Adjudicated by Executing Court

Allahabad HC: In Execution Proceedings, Challenge Cannot be Made to Arbitral Award u/s 47 of CPC(18.04.2024)

All. HC has held that in execution proceedings under Section 36 of Arbitration and Conciliation Act, 1996, questions to be decided are limited to matt.....

Tags : Allahabad High Court, Execution Proceedings, Arbitral Award, Section 47

SC: Executing Court must Dispose of Execution Proceedings Within 6 Months from Filing Date(28.04.2021)

Supreme Court has observed that an Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be e.....

Tags : Supreme Court, Execution Proceedings

Ori. HC: Stay of Execution Proceedings Under Arbitration Act Governed by Provisions of CPC(19.07.2024)

Orissa HC has held that application before executing court to stay the operation of execution proceedings initiated under Section 36(1) of the Arbitra.....

Tags : Orissa High Court, Execution Proceedings, Executing Court

J&K HC: Executing Courts Have Authority to Adjudicate Claim of Obstruction Under O.21 Rule 97 of CPC(05.03.2025)

Jammu and Kashmir High Court has observed that under Order 21 Rule 97 of Code of Civil Procedure, 1908 (CPC), the executing court is empowered to exam.....

Tags : Jammu and Kashmir, Claim of Obstruction, Execution Proceedings

Kerala HC: Execution Proceedings Against Idol to be Set Aside When Deity Not Party to Suit(06.10.2021)

Kerala High Court has held that execution proceedings initiated against an idol and its property are liable to be set aside when the deity or a public.....

Tags : Kerala High Court, Execution Proceedings Against Idol

Bombay HC: Clarifies Procedure for Executing Foreign Decrees(13.02.2026)

Bombay High Court held that while executing a foreign decree from a reciprocating territory under Section 44A CPC, courts need not routinely frame iss.....

Tags : Foreign Court, Foreign Decree, Execution Proceedings

Judgments

Claims raised by an obstructer including questions relating to right, title or interest in the property has to be adjudicated upon by the Executing Court(06.12.2021)

The BDA has preferred the present appeals feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court, by which the High Co.....

Tags : Execution proceedings, obstructer, Adjudication

Adjudicatory proceedings before Tribunal will not be affected by the provisions in the Companies Act(07.09.2017)

In present matters, execution applications have been filed and are pending. Matters are against S. Tel Pvt. Ltd. which is facing liquidation proceedin.....

Tags : Execution proceedings, Jurisdiction