Legal Question in Business Law in India

Arbitration & Concilliation Act 1996

My Purchasing Agent filed an arbitration Refence against my firm before The Delhi Hindustani Mercantile Assn. on the basis of printed condition on the Statement of Purchases sent by him, which do not bear my signature. The statement of account filed by him is not matching at all with the statement earlier sent to me. I have objacted for proceedings on the ground (1) lack of arbitartion agreement (2) statement of account being frivoulous and framed (3) Not to proceed before obtaining satisfactory reply on difference in four statements of accounts submitted from time to time and lastly filed before the penal. Before passing the award the plaintiff made an application for passing the award against one partnership firm in which I am one of the partner formed after the start of the Arbitration Proceedings. The Arbitrator passed exparte order against my firm as well as the another partneship firm which was started some two months prior to the publishing the award and no notice has been given to that firm. Please advise me (a) can an award be passed against a person/firm having no delaing with the plantiff (b) can an exparte award be passed without considering the submissions and information on records.


Asked on 5/21/09, 6:44 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Arbitration & Concilliation Act 1996

You may consider challenging the Arbitration Award in appropriate proceedings.

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Answered on 5/21/09, 11:34 am
Fahri Toga TOGA//OKSUZ

Re: Arbitration & Concilliation Act 1996

We think that we can help you to solve your affairs forthwith, please send us your documents or write an detailed e-mail in order to notify the circumstance. We checked over the documents thereafter, we will return your added phone number,e-mail or address,as soon as.

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Answered on 5/25/09, 5:51 am
Pranav Desai PD Legal & Associates

Re: Arbitration & Concilliation Act 1996

You can challenge the arbitration proceedings in the absence of arbitration agreement before the competent authority. Further, an ex-parte order cannot be passed wihout considering your submissions.

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Answered on 5/25/09, 6:54 am
Fahri Toga TOGA//OKSUZ

Re: Arbitration & Concilliation Act 1996

We think that we can help you to solve your affairs forthwith, please send us your documents or write an detailed e-mail in order to notify the circumstance. We checked over the documents thereafter, we will return your added phone number,e-mail or address,as soon as.

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Answered on 5/22/09, 5:10 am


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