• Order Execution under Arbitral Tribunal of Hon'ble High Court

1. I as a petitioner received an order in my favor by the Mumbai High Court early in the year 2012 under Arbitration Tribunal presided by the retired judges.
2. I forwarded the same to the Respondents.
3. The respondents in the entire arbitration proceedings never turned up for any single session.
4. Later on also they never responded to any of my correspondences about the order that they need to honor.
5. I opted to go for arbitration because the case was Civil in nature about my business money being siphoned off by the respondents and I believed using the arbitration method was only the quickest way to recover my amount although expensive.
6. But despite all efforts, I haven't been able to recover my legitimate dues as ordered by the arbitration tribunal.
7. I have realized that the Respondent company and its three directors haven't been filing Balance Sheets for more than 3 years now despite being a Private Limited entity. This fact was evident from the ROC website. In fact they haven't updated any records for last more than 3 years now.
8. What must one do now?
9. Does one approach the Hon'ble High Court once again? In short pay for lawyers and invest in time once again? 
10. How can I get justice? Isn't this a contempt of court? Are there no strict actions to be taken against the fraud company?
Asked 2 years ago in Civil Law from Mumbai, Maharashtra
To hasten up your recovery process you can file a woind up petition against the Company before the High Court citing the inability of the Company to pay off the dues despite receiving Court order.
Krishna Kishore Ganguly
Advocate, Kolkata
12723 Answers
262 Consultations
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issue winding up notice . file winding up petition against the company . you can also take execution proceedings in the award passed by Tribunal
Ajay Sethi
Advocate, Mumbai
24772 Answers
1328 Consultations
5.0 on 5.0

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