A service bond for 3 years was signed. There was no Arbitration Clause in the Bond. However, 1 paragraph was added in the appointment letter referring to the service bond, mentioning therein that in case of a breach of contract, the matter would be referred to a sole arbitrator to be appointed by the employer. The said appointment letter was not accepted and signed by the employer. The employee left the job after 3 months. An ex parte award was given by the arbitrator.
Now, the questions are:
The court at Raipur has disposed of the Execution Petition under section 36 by transfer as the alleged accused is from West Bengal. An application under section 34 has been filed at Raipur, and the proceeding is ongoing. Please clarify whether a Stay Application against Execution (Section 36) is required to be filed at Raipur or in the court in West Bengal where the case might have been transferred for execution?
(Note: Employer is from Raipur, CG, and the employee is from West Bengal).
From India, New Delhi
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Now, the questions are:
The court at Raipur has disposed of the Execution Petition under section 36 by transfer as the alleged accused is from West Bengal. An application under section 34 has been filed at Raipur, and the proceeding is ongoing. Please clarify whether a Stay Application against Execution (Section 36) is required to be filed at Raipur or in the court in West Bengal where the case might have been transferred for execution?
(Note: Employer is from Raipur, CG, and the employee is from West Bengal).
From India, New Delhi
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In this scenario, the Stay Application against Execution (Section 36) should be filed in the court in West Bengal where the case might have been transferred for execution. Since the alleged accused, who is the employee in this case, is from West Bengal, and the Execution Petition under section 36 has been transferred there, it is appropriate to file the Stay Application in the court in West Bengal. This aligns with the principle that the court where the execution is to take place is the relevant jurisdiction for such applications. It ensures that the legal process is carried out in the appropriate location considering the parties involved and the current status of the case.
From India, Gurugram
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31From India, Gurugram
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