Legal Question in Civil Litigation in India

one share broker had filed an arbitration case without giving me any reply against my complaint petition to the said share broker .i only got the information from the National stock exchange arbitratotor based on which ireplied .The ld.arbitrator after thorough investigation passed arbitration award in my favour about 2 years back .The share broker instead of complying with the payment of the arbitration award has filed recource petition in the court of dist.judge which is situated in another province which is about 500 k.m away from my place of stay i.e actual place of share trading .The share broker is having their head office aswellas the N.ational stock exchange arbitration office by whom arbitration award was passed is in the same town where recource petition has been filed by the broker against the award which is for about Rs.10000/-rupees.The share broker is managing some how or other and getting adjournment after adjournments and even in concerned fast track court 2-3 months time interval dates are being managed and in thi game the connivance of my earlier lawyer is also expected.Although i have changed my lawyer who says to get the court changed which is not soeasy .The main intention of the broker is just to causeunnecessary harassment to me and keep on spending the money which will be more than the awarded amount and this undue advantage is being taken by the broker due to serious lacuna with the arbitration law in india based on which even when share trading is done at small town i.e the place of dispute but arbitration proceeding will be carried out at kolkata,mumbai,chennai only and difficulties and expenditure of a small expenditure can well be realised which will be more than the awarded amount.

Some one has suggested me to get the jurisdiction of court changed to actual place of my stay and i.e .the place of trading which can be by the Supreme court of india only as the jurisdiction of two high courts are concerned.

As is known that for filing a petition in the supreme court ,i shall have to spend minimum Rs.15000 toRs.20000/-which will thus be more than three times ofthe awarded amount ,harassment and time loss .THAKS TO THE INDIAN LAW.

Please let me know as to what i should do .IS THERE ANY PROCEDURE BY WHICH I CAN SEND DIRECT PETITION TO SUPREME COURT AND BASED ON THAT NECESSARY ACTION MAY BE TAKEN BY THE APEX COURT .IF IT IS IN AFFIRMATIVE ,WHAT IS THE PROCEDURE AND WHO IS THE COMPETENT AUTHORITY IN THE SUPREME COURT .OTHERWISE ,PLEASE LET ME KNOW AS TO WHAT I SHOULD TO GET EARLY JUSTICE .


Asked on 11/15/09, 11:55 am

1 Answer from Attorneys

Seshadri Srinivasan www.lawconcern.com

If you cannot afford fees, then approach the Legal Aid of Supreme Court.

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Answered on 11/15/09, 7:23 pm


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