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S. S. Rathi (other)     29 June 2025

Arbitration and criminal case at same time

I'm complainant in arbitration case, pvt arbitrator appoint by sebi but name of respondent shown wrong istead of company name they shown name of compliance officer, which is not acceptable ?

I alsomwants to file criminal complaint even arbitration case pending, is it allowable 

 

Pls guide 



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     29 June 2025

A criminal complaint can be made even when arbitration proceedings are ongoing. 

The existence of an arbitration clause in an agreement does not preclude a party from pursuing criminal action if the dispute involves a criminal offense.

Courts have consistently held that arbitration and criminal proceedings are separate and independent avenues for dispute resolution. 

S. S. Rathi (other)     29 June 2025

At sebi portal My complaint against company while in arbitration case name of respondent shown wrong istead of company name they shown name of compliance officer, which is not acceptable or  how can i refused it

 

Pls guide 

Advocate Bhartesh goyal (advocate)     29 June 2025

Both Arbitration proceedings and criminal case run parallel, no restrictions.

T. Kalaiselvan, Advocate (Advocate)     30 June 2025

You can write to SEBI  about this and request for modifying the respondent, but what is the problem if the compliance officer of the company is shown as the respondent instead of the company.

You should understand that the ciompany is not a living body hence anyone representing the company can be held as respondent, there may not be any legal infirmity in doing so.

Dr. J C Vashista (Advocate )     30 June 2025

Very well analysed, opined and advised by learned senior experts, which I endorse.

Arbitration and criminal complaint can run concurrently, there is no embargo in filing a complaint / registration of FIR as per circumstances.

However, you will have to seek  professional services of a local prudent lawyer for analyses of facts as applicable in your case,  which has to be specific and cannot be generalised / presumed, proper guidance and proceeding 


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