Upgrad LLM

Taking advantage of arbitral award

This query is : Resolved 
 

(Querist)
31 May 2019

Dear sir my query is that an ex parte arbitral award was passed against me though the award was not delievered to me and i have no knowledge regarding same ,be that and also i do not have any objection against the said award i had to pay rs 120000 to the
Finance company decree holder but the decree holder has taken advantage of the said order and is demanding me 300000 stating that i have the award against you and has taken possession of my asset worth 20 lakhs and sold it at meagre price of 3 lakh what can i do now i filed my case in consumer forum and stated that i have no objection with the arbitral award and i am ready to comply for the same but the decree holder is taking advantage of the said order but the district forum dismissed the complaint stating arbitral award has been passed so district forum has no jurisdiction but my matter is not identical to the order passed by arbitrator and also has no objection with the arbitral award passed but the nature of advantage taken of the arbitral award by the decree holder so what should i do pls help


KISHAN DUTT RETD JUDGEOnline (Expert)
01 June 2019

Dear Sir,
You have to challenge such award before a Civil Court and get appropriate orders.

Please mark “LIKE” if satisfied by my answer.

R.K NandaOnline (Expert)
01 June 2019

file appeal in high court against said award and take stay order against DH .

DR.VEDULA GOPINATHOnline (Expert)
01 June 2019

First take a certified copy of the award from the Arbitrator.Approach commercial court and seek implementation of the award . Although award is ex party you have a right to obtain a certified copy of ward from the arbitrator.The action of the finance company amounts to coercion and undue influence.
dr vedula gopinth arbitrator
C

DR.VEDULA GOPINATHOnline (Expert)
01 June 2019

First take a certified copy of the award from the Arbitrator.Approach commercial court and seek implementation of the award . Although award is ex party you have a right to obtain a certified copy of ward from the arbitrator.The action of the finance company amounts to coercion and undue influence.
dr vedula gopinth arbitrator
C

DR.VEDULA GOPINATHOnline (Expert)
01 June 2019

First take a certified copy of the award from the Arbitrator.Approach commercial court and seek implementation of the award . Although award is ex party you have a right to obtain a certified copy of ward from the arbitrator.The action of the finance company amounts to coercion and undue influence.
dr vedula gopinath arbitrator
C

Ranbir (Querist)
01 June 2019

sir i am a consumer in the above matter as the above asset was my source of livelihood and further it is unfair trade practise so when i have no problem with the award but with the illegal intention of decre holder

can
the above matter be invoked through section 3 of cp act

Dr J C VashistaOnline (Expert)
02 June 2019

Your perception is misconceived.
In the instant circumstances you are required to move to appellate court u/s 34 of the Arbitration and conciliation Act, 1996 ie., District Judge challenging arbitratal award through a local prudent lawyer.
However, if you are located in Delhi and feel so, may contact (on appointment) with relevant records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10 Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo,com



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