case of Fraud in NSE Arbiteration


 

 

I have sent a complaint to NSE /SEBI/ EOW on 24 / 06 / 10,  in respect of Fraud / Cheating amounting to Rs 70 Lacs (approx.) by the Officials of M/s Religare Securities Ltd.  In this regard I was advised to go to the Arbitration of NSE because of arbiteration clause in agreement.                                   

I have come to know that according to the Supreme Court Judgement in the serious allegations of Fraud and Criminal Misappropriation the matter can only be decided by court and not by the Arbitrator. In my case fraud / Cheating and Cyber Crime involving sending of fraudulent statements through e- mail is noticed against which i have lodged the complaint to EOW / Police Dept.

 SC Ruling - Arbitration and conciliation act - Serious allegations of fraud and criminal misappropriation - Can only be decided by Court when parties lead detailed evidence and not by the Arbitrator. 2009(3) Apex Court Judgments 643 (S.C.). 

As i have consulted lawyers i am highly confused , they say i should not avoid arbitration. however arbitration does not have powers to decide in this case. Others say i should go to civil court + criminal court to get justice. I am confused.

 

I am unable to find the proper guidance from the SEBI /  NSE  Website.  In this very case what should be my Legal course of action. Pls. guide accordingly, to seek justice. Will arbitration be of any help to me? Will the judgment  of arbitration hold good in the case of fraud / criminal misappropriation? Will the revised fees of Rs. 30,000/- be reversed in that case? 

Also pls. suggest some competent Lawyer with relevant experience of nse arbitration matters if possible.   

 Looking Forward to an early reply.

 Thanks,

SACHIN BHARDWAJ

Mobile – 98109 33322

 
Reply   
 
LEGAL COUNSEL

Mr. Bhardwaj, 

There is no need for confusion. For the fraud and cheating you should file a criminal complaint with the Economic Offence Wing of the Police. In case during the investigation police could link the money earned by fraudulent means, the money lying in the bank account can be seized by the court, pending trial. Separately

you can take the arbitration course for the dispute and explore the possible of amicable settlement as well.

vasudevan


Total likes : 1 times

 
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Retired

Mr. Bhardwaj,

       Please do not commit the mistake of going in for arbitration in NSE.  A large number of  Arbitrators retained by NSE, are biased in favour of Stock Brokers, they are corrupt and are cheats.  They do not care for documentary evidence but give awards for some 'other considerationbs'.  According to a recent survey, over 80 percent cases go against the investors.  Once you go in for arbitration and get a negetive award, you will be looser.  Do not waste time and hire some good criminal lawyer and file a case under 156(3) Cr.PC and section 200 private complaint.

       As a victim myself, I know it from first hand. Please do not apply for arbitration. File a criminal case as advised by some other member in this forum.  If you want a personal advice, I am available in New Delhi.

K.L. Wadhwa

 09871150407


Total likes : 1 times

 
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Thanks, for your guidance. Now  we have made a forum where we are filing an FIR in the Economic Offence Wing  ( Crime Branch ) as the matter is involving more than a crores of Rupees and we know that it is just a tail of the elephant. Now, We are already  10 victims / complainant and i am sure more will join at the time of Investigation / Case.  If you know someone  you can also refer to join  us in  the fight against the Religare. We are also in the process whereby we will be involving the Media also in the exposure of the Religare Scam.   Together we can fight  and will be in strong position to win the case as well.   We would like tp take up the matter in the civil as well as criminal court. 

But i think it will be quite time consuming. It has also come to notice, in past experiances, that Crime branch officials also do not usually go against the broker and are engaged in supressing the facts and accept bribes from the big hands of broker.

 Your advice will help us a long way. You are victim of Religare or  Advocate.   Thanks,

Sachin 

 
 
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Retired

Dear Mr. Sachin,

         I am not an Advocate but a victim of another stock broker, Sharekhan Ltd.  My complaint for criminal breach of trust, cheating and cyber crime is being investigated by Cyber Cell of EOW of Delhi Police.  I am a victim of unauthorized trading by a sub broker of Sharekhan from my password protect internet account.  The unauthorized trading took place while I was abroad.  I am staying in South Delhi.

       Thanks

K.L. Wadhwa   9871150407

 
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ADVOCATE

You can lodge a criminal complaint in the matter and also you should go for arbitration. In case you feel that the arbitrator is not fare in proceedings and is prejudice, you can move to High Court having jurisdiction in the matter u/s 11 of Arbitration and Conciliation Act, 1996 for change of arbitrator.

 
Reply   
 

in Arbitration proceedings, you can seek remedy for the monetary loss suffered by you and u can also ask for compensation for the fraud committed by the company. if the fraud is proved in the arbitration proceedings, may be you can win. apart from punishing the company by filing criminal complaints it is also necessary to seek remedy for your loss. 

it is not necessary that the arbitrators favour NSE.  one of my client initiated arbitration proceedings against NSE and claimed relief of Rs.35 L in the arbitration proceedings and he was awarded five laksh along with interest. other reliefs were dismissed as time barred. so you can very well initiate arbitration proceedings. 

 
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senior manager

DEAR MR KL WADHWA ,

                                              HAVE JUST GONE THROUGH YOUR CASE AND JUST WANTED HELP AS IAM ALSO A VICTIM OF CYBER CRIME I.E ONE OF THE SUB BROKERS OF OJ SECURITIES LTD HAS DONE UNAUTHORISED TRADES IN MY ACCOUNT WITH MY ID AND PASSWORD ,I.T TO THE TUNE OF 37 LAKHS .CAN U PLEASE ADVICE IN PATICULAR AS TO WHAT SHOULD BE  COURSE OF ACTION AS IAM TOTALLY CONFUSED , AND PLEASE ALSO LET ME KNOW WHETHER I SHOULD FILE AGAINST THE SUB BROKER OR THE BROKER ...

THANKS

RAHUL

Originally posted by :sachin

"
 


 

I have sent a complaint to NSE /SEBI/ EOW on 24 / 06 / 10,  in respect of Fraud / Cheating amounting to Rs 70 Lacs (approx.) by the Officials of M/s Religare Securities Ltd.  In this regard I was advised to go to the Arbitration of NSE because of arbiteration clause in agreement.                                   

I have come to know that according to the Supreme Court Judgement in the serious allegations of Fraud and Criminal Misappropriation the matter can only be decided by court and not by the Arbitrator. In my case fraud / Cheating and Cyber Crime involving sending of fraudulent statements through e- mail is noticed against which i have lodged the complaint to EOW / Police Dept.

 SC Ruling - Arbitration and conciliation act - Serious allegations of fraud and criminal misappropriation - Can only be decided by Court when parties lead detailed evidence and not by the Arbitrator. 2009(3) Apex Court Judgments 643 (S.C.). 

As i have consulted lawyers i am highly confused , they say i should not avoid arbitration. however arbitration does not have powers to decide in this case. Others say i should go to civil court + criminal court to get justice. I am confused.

 

I am unable to find the proper guidance from the SEBI /  NSE  Website.  In this very case what should be my Legal course of action. Pls. guide accordingly, to seek justice. Will arbitration be of any help to me? Will the judgment  of arbitration hold good in the case of fraud / criminal misappropriation? Will the revised fees of Rs. 30,000/- be reversed in that case? 

Also pls. suggest some competent Lawyer with relevant experience of nse arbitration matters if possible.   

 Looking Forward to an early reply.

 Thanks,

SACHIN BHARDWAJ

Mobile – 98109 33322
 
"
 
Reply   
 
POWER OF DEFENSE IS IMMENSE

Mr wadhwa you got wrong information about NSE arbitration , it is quick amd cetainly fair.

Pl give instance actual case where arbitrators have cheated at NSE.

 
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Retired

               It only shows you have not gone through the texts of various arbitration awards put on NSE official website or may be you, as an advocate,  have been defending only stock brokers before NSE Arbitrators.  Please find me a single award which is fair and has gone in favour of a constituent whereas you will lfind hundreds of awards that are unfair, biased and smack of arbitrary decisions far away from the facts.

 
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