Arbitrator award

Kvijay12345 (Querist) 05 December 2014 This query is : Resolved
Dear Sir,
The arbitration award is passed unilaterally in the absence of the borrower.neither the copy of the arbitrator award nor any intimation notice to tow away borrower`s vehicle was sent to him nor to the local police. And no document was produced to the borrower.Infact the vehicle was towed away by the four gundas of the finance company forcibly from borrower`s driver.can the section of theft and burglary be applied in the police complain? which section of IPC for theft be applied?The police have not yet taken any action on borrower`s complain dt.27. 11.2014? what further legal actions can be proceeded apart from the consumer forum as the borrower has already initiated the proceedings in consumer forum? Can any action be proceeded for defamation & humiliation?The borrower has loads of the documentary evidences against the misdeeds of the finance company.

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Devajyoti Barman (Expert) 05 December 2014
File an application u/s 156(3) of crpc in the court of magistrate against such action. Meet a lawyer, he will take care of this.

Advocate. Arunagiri (Expert) 05 December 2014
You say that the police had not taken any action on your complaint dt 27.11.2014. Whether they have given you the CSR or FIR copy?

Guest (Expert) 05 December 2014
Well Advised by Director.Mr.Arunagiri of Gemmia Oil Tech Ltd

Kvijay12345 (Querist) 05 December 2014
No FIR has been lodged yet but I do have complain copy with the receipt of the acknowledgement from the police.

Vidhi Joshi (Expert) 05 December 2014
File appeal against the award under Section 34(2)(a)(iii) of Arbitration and Conciliation Act.

Shailesh Kr. Shah (Expert) 05 December 2014
if fir is not lodged by fir then file application u.s 156(3) cr.p.c. through local advocate.

R.K Nanda (Expert) 05 December 2014
no more to add.

Rajendra K Goyal (Expert) 05 December 2014
You can use RTI for copy of your complaint to police.

Take help of local lawyer.

Advocate. Arunagiri (Expert) 05 December 2014
If no FIR is registered you can approach the Jurisdictional Magistrate u/s 156 (3) cr.p.c.

Guest (Expert) 06 December 2014
Director Arunagiri had advised you Correctly

T. Kalaiselvan, Advocate (Expert) 07 December 2014
Even an exparte arbitral award will not empower the party to tow away the vehicle without following the legal procedures namely EP through civil court for possession etc. This is a clear case of theft, if the police is ineffective, you may move the higher police officer seeking direction to the jurisdiction police to recover the vehicle, even if this fails to invoke any response, you may move an application u/s 156)3) of cr.p.c. before the local judicial magistrate court seeking its intervention and direction to the local police in this regard.

Kvijay12345 (Querist) 08 December 2014
Dear adv. T.Kalaiselvan,
Thanks a lot for your kind advice. I will do the needful.please advice me regarding legal procedures namely EP through civil court for possession etc. Does civil court call the borrower for his defence before passing an order during the legal procedure EP for possession etc.?

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