In an arbitration case a judgement was delivered in favor of the claimant which mentioned a finding which said that the respondent (a builder) did not provide details of the sanctioned plan as per statutory requirements as given in AP Apartments act 1987 (i.e. the details given were different from the sanctioned plan).T
There were also other violations like denying property rights of the claimant ,(though specifically mentioned in the agreement) by misrepresentation of facts in various affidavits,during the conduct of the proceedings
Number of lies were also mentioned in the affidavit signed by the respondent, which were submitted to the honorable arbitrator & many lies were mentioned by the respondent's witness during the cross exam.
There was a clear case of the builder doing all this to make wrongful gain to himself which would have resulted in a wrongful loss to the claimant (& other owners of the apartment)
Can the above be used to file a case against the respondent under the new Companies act 2013 under section 447 in conjunction with other sections like sec 206(4),229,339,448 etc
