Arbitration issue - Dispute settled between claimant Arbitration issue - Dispute settled between claimant

Dispute settled between claimant and respondent. NOC issued by the claimant to respondent. However, the arbitrator without taking cognisance of the NOC, passed an award decree order directing to make

1 Response(s)

Posted 1 week ago


A. Dear Sir,
You have to take the matter to the Civil Court to get the award set aside since NOC was issued by the claimant and in view of such NOC award cannot be executed.

Helpful
Helpful
Share
Harrassment by the secretary of society. Harrassment by the secretary of society.

In April 2014, we started the reconstruction of our house which was completed in December 2014. Till completion, no objection was raised by the Society Committee. In late December 2014, the society i

2 Response(s)

Posted 1 month ago


A. Dear Client,

You may file and complaint against the society association for harassment and save all the evidence you have against them to produce in front of the court.

Helpful
Helpful
Share
Sole Arbitrator passed an Ex-parte Award Sole Arbitrator passed an Ex-parte Award

I have two queries here. First background, I had credit card dues (Lost job and inability to pay back with no assets to sell) for which bank took arbitration recourse and appointed sole arbitrator in

2 Response(s)

Posted 4 months ago


A. Hi,

The most important factor in deciding whether or not to challenge an arbitration award is whether or not the arbitration decision is binding. If the arbitration is ineffective and non-binding, any party or parties may appeal the award without a reasonable basis for doing so. However, if the Arbitration is binding, then you must have a compelling reason to challenge the award. Section 34 (2) (a) lays down grounds for setting aside arbitration award:
1.A party is under some incapacity.
2.The ...ReadMore

Helpful
Helpful
Share
Arbitration for Credit Card recovery Arbitration for Credit Card recovery

If a Bank decides to opt for Arbitration to reclaim Credit Card dues which have gone NPA, does the arbitration tribunal or arbitrator need to consider only if there is dispute on the amount due or do

1 Response(s)

Posted 5 months ago


A. Dear Clinet,
The arbitration tribunal will allow you to present your case and put forward all that you want to say and communicate. They will hear all your pleas and then only they will decide on the award. But in all possibility they will not let you not pay the amount. They will make an award that you are to pay that amount. How to pay will be left open to you.

Helpful
Helpful
Share
Credit Card dues Recovery - Legal Notice for Arbitration Credit Card dues Recovery - Legal Notice for Arbitration

in 2018, My Business shut down and I ended up piling Credit Card Debt trying to revive it. I got a Job in 2019 May but ended up emptying my savings trying make minimum payment on card. I had mailed th

1 Response(s)

Posted 5 months ago


A. Dear Client,
One thing is to be kept in mind that loan or credit card is something which means we have taken money from a bank and used it for ourselves and then when the bank wants it back we have to return it as it is their money. In your case you do not have much options but to cooperate with the bank and also communicate with the bank to cooperate with you. Tell them that you will pay them in small amount once you are in job.

Helpful
Helpful
Share
Provident Fund Claim-I was a employee of a Private Limited company Provident Fund Claim-I was a employee of a Private Limited company

I was a employee of a Private Limited company Mumbai Based Head Office but still now Company is not giving clearance of PF by not updating my details in PF Portal like Date of Joining, Date of Leaving

2 Response(s)

Posted 6 months ago


A. Send them a legal notice first through a lawyer then followed by a legal case against them. They are committing a big blunder by not updating your PF details as that is a statutory requirement for every employer to do so and they can be penalized for not doing so.

Helpful
Helpful
Share
Arbitration Arbitration

I have taken a personal loan due to loss of job I am unable to pay the EMI for 5 months now they have told to pay it by tomorrow or there will be a warrant issued and the property will be attached. Pl

2 Response(s)

Posted 7 months ago


A. Dear Client,'
In case you are unable to pay a loan you does not become a criminal but it is a civil dispute. You can contact your lender and tell your problem and ask for new repayment plan which is easy for you. You can also take loan insurance which will fulfill your short time loan payment.
Thank You.

Helpful
Helpful
Share
Can two arbitration proceedings permitted for same matter? Can two arbitration proceedings permitted for same matter?

Can two arbitration proceedings permitted for same matter?

3 Response(s)

Posted 8 months ago


A. Hello
The principle of res judicata is indeed applicable to arbitral proceedings as also ruled by the Supreme Court. As per the principal of res-judicata a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties in the same court. Therefore there cannot be two arbitration proceedings for same cause of action in the courts of same jurisdiction.
Thanks
Please rate if you find this advice helpful.

Helpful
Helpful
Share
Other Responses
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Sidhaarth  S

Sidhaarth S

Icici bank loan repayment Icici bank loan repayment

An ICICI recovery agent is threatening me to seize my car and auction my house and put me behind bar because I delayed car EMI payment for 15 DAYS not 90days. Can they do it?

3 Response(s)

Posted 9 months ago


A. The act of ICICI agent is wrong and contrary to law. Agent cannot harass the borrower of loan and if there is default let bank to move legally in court instead of getting engaged in such malpractice. ICICI is known for such malpractices. Report the matter to police. Agent cannot take such illegal possession.

Helpful
Helpful
Share
Other Responses
Advocate  Anik

Advocate Anik

Bangalore

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Harasment by Sons Harasment by Sons

My father married my mother (from another tehsil) after his first wife(local) had passed away. I am still unmarried and also my one younger sister. I also have two step brothers and one step sister.

4 Response(s)

Posted 10 months ago


A. Dear Madam,
You may file domestic violence case to stop such harassments. If you want property you have to file a partition suit and if you are already in possession then file a suit for permanent injunction.

Rate me Five Star*

Helpful
Helpful
Share
Other Responses
Ashutosh  Patel

Ashutosh Patel

Advocate  Anik

Advocate Anik

Bangalore

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal