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Q. Ex Party Arbitration Award under execution

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Arun Kumar Jha

posted 10 months ago

Q.Ex Party Arbitration Award under execution
I was selected by a Pvt LTD company in Raipur in November,2011. I had to sign a bond for three years on 5.11.2011 as I was falsely told that it was mandatory for all employees. An offer letter was issued to me and I joined on 8.12.2012. The work culture and their illegal activities did not match with my ethics and I requested them to release me but they declined. After more than 2 months of my joining the office I was asked to accept an appointment letter dated 8.12.2012 which I refused to accept. The reason was that the Service Bond had no Arbitration Clause but in the appointment letter it was mentioned that "you have to sign a bond for a continuous service of 3 years". And in the appointment letter it was mention of that "any Dispute arising out of this agreement/appointment will be resolved by a sole arbitrator to be appointed by (the company). It was also mentioned in the last paragraph of the appointment letter - "If the terms and conditions are acceptable to you, you join on 8.12.2012". Due to their rough behaviour, I could not survive and left their job after informing them over phone which they have accepted in their subsquent correspondence. They went for a sole Arbitration. No notice was received by me as I was working out of station for which I have appointment letter of a very reputed company. Before all these happenings, I had informed them by an email that all my future correspondence should be made with my advocate. But no communication was made with. They have also fabricated many more false charges and had convinced the Sole Arbitrator to pass an ex Party award. My advocate received a copy of Arbitral Award along with a copy of of Execution suit while contesting a false 138 case in Raipur Court which they have produced as an evidence of a false loan allegedly taken by me against two cheques issued to them. In fact, I issued two cheques as a collateral security against a furniture loan of which a major portion was deducted from my salary. They had openly challenged me "Ham tumhe Varvaad Kar Denge" and exactly they are doing the same. Even there being no fault of mine, I have paid the cheque amount in the court 'without prejudice to my rights and contentions and to save myself from the harasment as I stay in Kolkata. There may be another 138 case for which I don't have information.
The execution proceeding is pending in Raipur Court. To quash this award, I have to file a suit in Raipur Court itself due to jurisdictional issue. This means all together I will have to contest 4 suits in Raipur spending my life in and around court rooms and advocates' Chambers.

Please suggest how to get rid of this type of rich people who has made judiciary a joke and taking pleasure out of the poor people like me.

Please suggest and help.

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Rajender Prasad

Experience: 5 Year(s)

Responded 9 months ago

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A. ) DEAR CLIENT, THE FACTS ARE NOT CLEAR. For details, pl.contact some advocate through vidhikarya.com.

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ARPIT BATRA

Experience: 11 Year(s)

Responded 9 months ago

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A. ) You can directly contact us for the same.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 10 months ago

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A. ) Dear Sir,
Your issue is so big which requires personal discussions please select any of the expert of Vidhikarya.

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 10 months ago

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A. ) Dear client kindly provide related documents for overview for better resolution on your query

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Dr Vedula Gopinath

Experience: 31 Year(s)

Responded 10 months ago

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A. ) pelase show me the employment contract to advise you further. dr vedula gopinath senior lawyer vgnath@gmail.com

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Arun Kumar Jha

Replied 10 months ago

Sir,

I am sending the scanned copies of bond and appointment letter on your email vgnath.....
With best regards,

Arun Kumar Jha

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