sole arbitrator passed ex party award
sir i have defaulted kotak bank credit card due to huge financial losses after which i have received notices regarding arbitration, sole arbitrator appointment, hearing, and at the end ex party award ...
sir i have defaulted kotak bank credit card due to huge financial losses after which i have received notices regarding arbitration, sole arbitrator appointment, hearing, and at the end ex party award ...
Dear client,
If you were not aware or unable to attained the Arbitration and the award is passed against you, being unsatisfied with the order, you can file a petition before the Honorable High Court. There should be sufficient grounds for such application. If the court is satisfied, the judgement of setting away the said ex parte arbitration award will be set aside.
Thanks
Society make illegal arbitration of gold valuer without any agreement. Principal borrowers also make arbitration.
Dear Client,
If a society conducts unauthorized arbitration of gold valuation without any formal agreement and principal borrowers are also involved in such proceedings, it raises legal concerns. To address this situation, consider consulting with a legal professional to assess the specific circumstances and potential violations. Gather any evidence or documentation related to the unauthorized arbitration. If you are a principal borrower, review your loan agreement to understand the terms and co
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My college changed the duration of our internship. And When asked they said that you are studying under new timetable but they did not inform the students about the internship period changes what can ...
Dear Sir,
Just obey the orders of the management of the college otherwise if you go to Court you have to wait for more and more time.
Section 94 of RTFCLARR provides that: Acquisition of part of house or building.–(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufa ...
Dear Client,
Section 94 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (RFCTLARR) specifically addresses the acquisition of a part of a house, manufactory, or building. It stipulates that the provisions of the Act should not be invoked if the owner expresses the desire that the entire structure be acquired. This provision emphasizes the owner's choice for the entirety of the property rather than partial acquisition. Notably, the
I am a partner in a partnership firm . The partnership is at “WILL” these are two of the clauses in the partnership deed !! DURATION OF FIRM: - That the duration of the partnership shall be at wil ...
Dear Client,
First of all, you cannot dissolve a partnership firm without the consent of other partners, even if the firm is at will. To dissolve a partnership firm in compliance with the provision of the partnership deed, a unanimous resolution between all the partners is required. However, when a provision for resolving the dispute through arbitration under the Arbitration and Conciliation Act, 1996 exists in the deed of partnership without exhausting the remedies to resolve the dispute, the a
I am a partner in a partnership firm . I the partnership is at will . Other partners are harassing me and not letting me work from the place of business . I will dissolve the firm as it is at will . I ...
Dear Client,
The percentage of shares in a partnership firm is irrelevant if the dispute arises out of any violation or breach of any terms and conditions of a partnership deed that governs the relationship and accountability of partners. To dissolve a partnership firm in compliance with the provision of the partnership deed, a unanimous resolution between all the partners is required. However, when a provision for resolving the dispute through arbitration under the Arbitration and Conciliation
I am working in a company since April , 2023 and now I want to leave the company as I am selected in a MNC. As per offer letter the candidate should serve 3 month notice. I talked to HR about the dis ...
Dear Client,
when an employee tenders his resignation to pursue a better career even in breach of the terms of employment, the employer cannot withhold his relieving or experience letter and his F & F dues. In the absence of a specific stipulation in the contract of employment, the employer cannot deduct any amount from the F & F dues for breach of contract. As per Section 27 of the Indian Contract Act, 1872, any terms and conditions of an agreement that directly or indirectly compels the employ
If Lok Adalat passes an award, it is equivalent to a decree of a civil court and it can't be challenged except on limited grounds under Arts 226/227. But on NALSA website it's given that "it doesn't t ...
Dear Client,
If a Lok Adalat passes an award based on the mutual consent of the parties, it is considered equivalent to a decree of a civil court. The award of a Lok Adalat is binding on the parties involved, and it can't be challenged on its merits in a civil court. However, it can be challenged on limited grounds under Article 226 (writ jurisdiction) or Article 227 (supervisory jurisdiction) of the Constitution of India.
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I have a question that in case of International Commercial Arbitration, suppose one party is of India and the other party is of USA, then in case of dispute over seat of Arbitration, which country cou ...
Dear Sir,
It all depends upon the terms of such agreement contract. If there are no specific term then it depends upon mutual agreement of the parties to the contract.
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I am employee Delhi metro but my Liabilities are almost 25 lakhs. Thus I can't pay all EMI on schedule time. I paid only salary account personal loan amount and salary account credit card dues. Also I ...
Dear Client,
Once the EMI against a loan is not repaid for consecutive 3 times by the borrower for any reason whatsoever, it is treated as NPA. Accordingly, the Bank sends notice u/s.21 of Arbitration and Conciliation Act, 1996 to the Borrower asking him/her for repayment of the entire dues lying against your loan offering suitable terms of settlement through an arbitration process. In the absence of any response from the Borrower, they started the routine process of action prescribed under rele
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