Rahul 25 March 2016

Arbitration help!

Respected lawyers, I have got a arbitration notice for a car which was taken in October 2010 and then returned by March 2011 after the death of my father who was running a car rental business but the car was on my name as I was the proprietor for the same. Non of the cheque or Ecs was given no bounce or defaulter note is there. We recently got a arbitration notice and attended the same and also made a reply for the same. Now the claimant missed 3 dates the claimant didn't reply and of a sudden on the 4th date they got a amendment request saying they made a typographical mistake and the amount for which the car was sold was not 280,000 but 1,40,000. This almost after 8 months of filling the case with the arbitrator.. It's a private finance company. I want to ask can such amendment be done after 8 months of time?? And I got notice from 2 of their lawyer both with 2,80,000 figure and then the arbitration case filed also has 2,80,000 on it. What should I do next the arbitrator keeps giving me date & his office is very far from my home & I have to miss my office for the Same. It's almost 9 months now Thanks in advance

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4 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 26 March 2016

Challenge the said amendment application . Also if you have any qualms towards the neutrality and partiality of the arbitrator , file an application thereby informing him of the same . Otherwise you shall be precluded from raising any dispute to him in the future . The law says that the arbitrator shall have to conduct proceedings at a place as per the convenience of both the parties . Hence you my slt challenge the venue as well Engage an advocate of you're finding it difficult to fight the case for urself

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Rahul 30 March 2016

Thank you sir, want ask you 1 think the arbitrator says now that the finance company lawyer has resigned and he is waiting for a new one to be posted. Help @ can a amendment to the filed case be done after 9 months by the claimant? They say now that the car was sold for 1,40,000 and not 2,80,000 it was a typographical mistake but I have 3 different letter by 2 different lawyer from the claimant stating the sales figure to be 280,000. Can the do these changes ? The have not been responding from the last 4 dates. Everytime they would ask more time. Please help

Rahul 05 April 2016

Sir any help on this will really help, they texted me the next date as 12 April.

Rahul 07 July 2016

The lawyer representing the bank has resigned and new lawyer has come from their end. Can anyone please help, they say that they did a typo graphical mistake and the amount 280,000 is 140,000 and they want to amend this. They submitted the paper again but it again has a mistake it states that the car was sold on 23 th November 2011 and the letter of balance payment we got as per the document is 11 November 2011, this is total going on a wrong note. It's over 1 year now last date also i went and the other party didn't come. Can someone please help me? I have a few question. 1. Till what time Can a amendment request be done? 2. Is there a time bound to complete a arbitration case? 3. What can I do as I feel the arbitrator is taking the Bank side? 4. What if the arbitrator give a result favouring the bank, can I fight it anywhere? Please if someone can help, I have a job and I am tired of taking holiday and going there with no outcome each time.