Arbitral interim order as evidence in criminal proceeding

Querist : Anonymous (Querist) 26 December 2024 This query is : Resolved
I am a victim of fraud and cheating in commercial investment and filed a FIR IN MUMBAI - MAHARASHTRA. And Accused threaten us several ways to withdraw and not intention to return our investment with political support. At last the accused filed an Arbitration case on us as per we agreed we contested that too. At last accused fail to file any single evidence as no evidence with them it is just to threat us only and in arbitration hearing we win INTERIM ORDER still accused on that side only to threat every possible way to threat us.

Accused not even complied that arbitral interim order and not even challenged and last we file contempt in BHC and on order by BHC to file reply on the same they file reply and after that they never been appear for further hearing and dates are waiting.

Now criminal case hearing can i use ARBITRAL INTERIM AWARD as evidence under which low is there any prior permission needed to use that interim award as evidence in criminal court proceedings, if any judgement of SC pls provide that also

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Quick Summary

This discussion explores whether an arbitral interim order can be used as evidence in a criminal proceeding, particularly when the criminal case was filed before the arbitration. The general consensus is that while the arbitral proceedings are a subsequent development, evidence not considered by the police during their initial investigation might be admissible. It's advised to consult with the Assistant Public Prosecutor (APP) and understand the specific stage of the criminal case to determine the best course of action.

T. Kalaiselvan, Advocate (Expert) 26 December 2024
What is the stage of the criminal complaint case?
Th arbitral award or the proceedings are subsequent developments hence that is not a part of your compliant neither you can rely upon that as evidence in the ongoing criminal proceedings which was initiated prior to the start of arbitration proceedings.
As the criminal case is being prosecuted by police through Assistant Public prosecutor on the basis of the statements obtained and the investigation conducted by concerned police, you can add only those documentary evidences that were not taken care by the police at the time of investigation.
Therefore you may have to take care of the arbitral proceedings separately

P. Venu (Expert) 03 January 2025
Have you discussed the issue with the APP? What is the present status of the criminal case?

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