Arbitration award passed
Ranbir
(Querist) 18 October 2018
This query is : Resolved
Dear sir ,
My vehicle was involved in a criminal case and the case was pending in magistrate court and i released the vehicle on bail bond but the vehicle was not provided to me by the police where my vehicle was detain now an arbitration award has been passed against me by the financer in the high court as i could not pay because of not able to ply the vehicle and I have no knowledge in regard to same how should I challenge the said order
That before arbitration award was passed the case was already pending in lower court the financer is trying to repossess the vehicle through the said arbitration award how can I stop it
Dr J C Vashista
(Expert) 18 October 2018
The query has already been replied, repeated time and again.
P. Venu
(Expert) 18 October 2018
The facts, as stated, are confused.
Advocate M.Bhadra
(Expert) 18 October 2018
You should file a Appeal Case in District Court u/sec. 34 of the Arbitration and Conciliation Act. challenge the Arbitration Award.
One of the important changes that the new Arbitration Act in India (Arbitration and Conciliation Act 1996 as amended in 2015 or ACA 1996/2015) has brought in is in the matters relating to the Finality of Arbitration Awards.
As a result of this provision, it becomes necessary for the objecting party to satisfy the Court that a stay is necessary and there is a substantial case under Section 34 for the award to be set aside.
Under Section 34 of the Act, an arbitral award can be set aside only if the party furnishes proof that
a) A party was under some incapacity
b) Arbitration agreement is not valid under law
c) Party was not given proper notice of of the Appointment of the Arbitrator or of the Arbitral Proceedings or that he was otherwise unable to present his case
d) Arbitral award was beyond the scope of the submission to arbitration
e) Composition of the Arbitral tribunal was faulty
Ranbir
(Querist) 23 October 2018
Thank you very much sir I would surely go forward with your suggestion
Ranbir
(Querist) 23 October 2018
Sir ,
Can I file the case in the district court where I reside or the place where financier reside
