Stay execution proceedings if criminal case filed
Divya
(Querist) 30 August 2012
This query is : Resolved
Hello All
There are various judgments where civil proceedings can be stayed till decision of the criminal proceedings for same cause of action...
Case: Arbitration Award & Copy was sent to fake addresses & bank went for execution & gave wrong details of property for attachment.
I have a criminal case against the bank for the fraudulent actions as every action of theirs makes decree void....Can the execution proceedings in this case be stayed on grounds that a criminal complaint against bank is pending.
Thankyou
ajay sethi
(Expert) 30 August 2012
merely because criminal proceedings are pending is no ground for stay of execution proceedings .
there is no prohibition in law for simultaneously pursuing the civil as well as criminal remedies available in law. Both the proceedings have to take course and to be decided according to the evidence adduced therein. Findings of fact recorded by the Civil Court are not binding on the criminal courts or vice-versa.
ajay sethi
(Expert) 30 August 2012
Iqbal Singh Marwah & Anr. Vs. Meenakshi Marwah & Anr., (2005) 4 SCC 370, wherein this Court held as under :- "Coming to the last contention that an effort should be made to avoid conflict of findings between the civil and criminal courts, it is necessary to point out that the standard of
proof required in the two proceedings are
entirely different. Civil cases are decided on the basis of preponderance of evidence while in a criminal case the entire burden lies on the prosecution and proof beyond reasonable
doubt has to be given. There is neither any
statutory provision nor any legal principle that the findings recorded in one proceeding may
be treated as final or binding in the other, as both the cases have to be decided on the
basis of the evidence adduced therein."
17. In P. Swaroopa Rani Vs. M. Hari Narayana alias Hari Babu, AIR 2008 SC 1884, this Court has held as under :- "t is, however, well settled that in a given case, civil proceedings and criminal
proceedings can proceed simultaneously.
Whether civil proceedings or criminal
proceedings shall be stayed depends upon
the fact and circumstances of each case...... Filing of an independent criminal proceeding, although initiated in terms of some
observations made by the civil court, is not barred under any statute.
ajay sethi
(Expert) 30 August 2012
if you were aggrieved by the award you should make an application for setting aisde award under arbitration act
JANAK RAJ VATSA
(Expert) 31 August 2012
section 34 of the arbitration act can be invoked for a petition for setting aside the award by the civil court
