Arbitration
Ashish Khandelwal
(Querist) 28 January 2018
This query is : Resolved
1.One private finance company has put my name in place of guarantor and sending me notice to repay the car loan taken by some un known person.
2. When I came to know, I reply to the advocate of company that I never give any gurantee to the said person.
3. Meanwhile I received a notice from finance company about appointment of an arbitrator I replied that I am not a party as I never give any document or my concern for any loan or guarantee. but just after 5 to 7 days I received a letter from arbitrator that he put hearing of above case at *th feb and ask to appear me in personal or trough counsellor. If I not appear before him he will pass an ex party order.
My questions are
1. Should I appear before arbitrator even I am not a party as I never give any gurantee of above said loan?
2. If arbitrator pass any order against me than how and where can I challenge his order?
3. Can I deny to appear before him?
4. What action can I take against finance company and borrower also?
5. How can I take stay against arbitration procedure?
6. any other remmedy?
7. What I have to do now?
Vijay Raj Mahajan
(Expert) 29 January 2018
You should appoint an advocate for job and appear before the arbitrator to clarify you position and get clearance from the case.
Kishor Mehta
(Expert) 29 January 2018
You should immediately take recourse to criminal procedures.
Dr J C Vashista
(Expert) 30 January 2018
Prima facie it is an unbelievable statement that you did not provide "guarantee" but your name appear as a "guarantor".
Subsequently you have mentioned that you received a notice from company that they have appointed an arbitrator, which is not in general practice.
However consult a local lawyer, attend proceedings and contest the case, if any.
