A service bond for 3 years was signed.
There was no Arbitration Clause in Bond.
However 1 paragraph was added in appointment letter referring service bond mentioning therein that in case of breach of contract the same 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.
Employee left job after 3 months.
Exparte award was given by the Arbitrator.
Now the questions are :
The court at Raipur has disposed of the Execution Petition u/s 36 by Transfer as the alleged accused from West Bengal.
An application u/s 34 has been filed at Raipur which proceeding is on. Please clarify whether Stay Application against Execution (Sec 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 of Raipur, CG and employee is from WB).
There was no Arbitration Clause in Bond.
However 1 paragraph was added in appointment letter referring service bond mentioning therein that in case of breach of contract the same 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.
Employee left job after 3 months.
Exparte award was given by the Arbitrator.
Now the questions are :
The court at Raipur has disposed of the Execution Petition u/s 36 by Transfer as the alleged accused from West Bengal.
An application u/s 34 has been filed at Raipur which proceeding is on. Please clarify whether Stay Application against Execution (Sec 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 of Raipur, CG and employee is from WB).