Arbitration
archana
(Querist) 29 September 2014
This query is : Resolved
dear sirs
1)
i have procured goods from a supplier for export which unfortunately went into dispute for late delivery and i had to pay a claim to my overseas client.my creditor filed a case for arbitration with bharat merchants chambers and even though i had put across my points the same was not taken into consideration while handing out the award as the creditor is a member of the org and i am not. during my verbal talks with the creditor i was informed that the awards are always granted in favor of the member.
2) also i have not signed any dox related to appointing them as arbitrators.
3)i read in your earlier discussions that the the competition commission of india has cancelled the the rights of association to arbitrate between members and non members on 20 jan 2013, . what is the implication of this.
4) what are my rights regarding appeal in the high court.
5) can we prove their judgement to be biased under such circumstances.
would appreciate your early reply as i can file appeal accordingly.
thanks in advance
R.K Nanda
(Expert) 29 September 2014
consult local lawyer with all papers.
Advocate Bhartesh goyal 
(Expert) 30 September 2014
Award passed by Arbitrator under the provisions of Arbitration and Conciliation Act can only be challenged u/sec 34 of the Act and no appeal lies against the said Award.Without going through the papers no opinion/advice can be given.consult local lawyer with all relevant papers
Surrender K Singal
(Expert) 01 October 2014
FOLLOW EXPERT BG, KEEPING IN MIND LIMITATION TOO
M V Gupta
(Expert) 01 October 2014
I am prima facie of the view that as u are not member of the Association the rules/bye laws of the Association providing for settlement of disputes amongst members of the Association by arbitration should not apply to u. You ought to have refused to participate in the proceedings. Have u done so. Even if u had appeared before the Arbitrator did u take the stand that there was no agreement for arbitration with the creditor.
Kuummaar AS
(Expert) 03 October 2014
You have said "I had put across my points..." and "I have not signed any dox related to appointing them as arbitrators..."
When you did put across your points before such Arbitrators? Provide a copy of award for proper advice.
archana
(Querist) 03 October 2014
dear sirs, thanks for your valuable advice and time for my query.
i am having a proprietorship firm. my husband had gone once to their office on receiving a summon from them. they made him sign an authority dox under the false pretext that it was just routine papers. since my husband is not well versed with legal dox , he clearly told them that he was not authorised to sign any dox. he also asked them for a copy to chk with a lawyer but they simply insisted he sign the dox. after that they informed him the procedure would be just to exchange information via documents reg the case. later they would call for evidence and lastly they would set a date for award. also in the meantime they would act like mediators. but they never called upon any evidence and also informed us the judgement date as " next hearing date".further more since we wanted to settle the matter amicably my husband replied to all their summons. the creditors agents were continuously harrassing us and kept calling us and also sending dox to the residential address instead of office address there by causing mental agony and stress for which we complained in the police station also. which we brought to the notice of the arbitration panel. but the creditor is a very influential member of bharat merchants chamber.
they say they hv seen the invoices and delivery challans which clearly shows goods which were to be delivered within 45 days were delivered almost after 120 days but still they awarded the judgement in his favour.
if mr kumar if u can inform me your email address i can send you a synopsis as well as the award copy.
i also wish to ask can i make a case against bharat merchants chambers for misrepresentation, and coercion and illegally taking a case forward without appropriate authority.
also there are many facts which the creditor has hidden from the panel and twisted some facts which go in favor of him.
pls my email is aumfashions@yahoo.com. pls contact archana.
Kuummaar AS
(Expert) 05 October 2014
Your case appears to be too complicated to be solved at this forum.
archana
(Querist) 05 October 2014
Sir,
Please can you guide me to some expert lawyer, I stay in khar west, Mumbai 400052, or please provide me your email id so, we can send you email to you.
My mobile number : 09172188828
If your office is in Mumbai we would like to meet you personally, please help us
Kuummaar AS
(Expert) 06 October 2014
Any expert from Mumbai? May like to help Archana please.
M V Gupta
(Expert) 06 October 2014
My office is at Andheri(W). Querist is free to consult me if she so desires.
Surrender K Singal
(Expert) 08 October 2014
" he clearly told them that he was not authorised to sign any dox." In view of that, what could the validity of his participation and resultant Award ? Author herself being the sole Proprietor, any one without her authority could not appear in arbitration proceedings, thereby making such Award / proceedings of no valid consequence !
