Legal Question in Appeals and Writs in India

arbitration and conciliation act 1996
A settlement agreement has been signed recently between me and the Association that I worked for to clear my dues and withdraw all litigations for and against . As a result, post dated cheques were issued to me in terms of the settlement of my salary dues . Now the Association is claiming that I didnt perform my part of the Agreement - although I withdrew 4 criminal as well as civil cases - and they didnt withdraw any of the 3 criminal and 3 cicil cases - all in Noida, near Delhi - they have now stopped payment of the postd ated cheques issued to me and my 82 year old father, the founder of the Association , although the Agreement states that in case of any disputes the matter will be referred to a mutually acceptable Arbitrator under the A&C Act 1996 .
Are they justified in stopping payments of post dated cheques pending appointment of an Arbitrator and starting of Arbitration proceedings by which time validity of the post dated cheques will in any case be over . Cheques are due for presentation on 15 of every month until 15 November, beginning 15 May ( which were presented and cashed) , but for the PDCs due for presentation on 15 June, they state they have stopped the payments. What legal remedies are available to me ?

Asked on 6/13/09, 7:52 am

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: arbitration and conciliation act 1996

depending upon limitation etc you can file cases u/s 138 NI act/ civil cases for recovery etc

Answered on 6/15/09, 1:43 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: arbitration and conciliation act 1996

You may pursue your remedy under the Negotiable Instruments Act; as also before the Arbitrator.

Answered on 6/14/09, 12:05 am

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