Legal Question in Criminal Law in India

Can Arbitrators be tried U/S 217, 218/219 IPC

I want to Know whether Arbitrators who intentionally admit fabricated false evidence and inspite of pointing out by applicant do not mention in award that applicant challanged it, make award ignoring Arbitration & reconcillation act 1996, Securities Exchange Board of India act/rules, National Stock Exchange of India rules/ circulars, give award ignoring own admissions of respondent and against trade practices of shares business. I have sufficient evidence in support my allegations. I filed Writ petition in Delhi High Court but I was forced to withdraw the same by Division Bench on plea That Bench cannnot direct SEBI to take action against arbitrators ( I soght directions for SEBI to investigate my allegations and remove arbitrators from panel of arbitrators)


Asked on 7/09/06, 3:02 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: Can Arbitrators be tried U/S 217, 218/219 IPC

The Arbitral Tribunal under the Arbitration & Conciliation Act 1996 is not a 'court' as per the law laid down by the Hon'ble Supreme Court of India.

Arya

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Answered on 7/09/06, 6:46 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Can Arbitrators be tried U/S 217, 218/219 IPC

Whether the Arbitrators in your matter were public servant or not will be relevant for invoking provisions of section 217/218/219 IPC. It is further surprising to know that High Court can not issue directions to SEBI!! High Court may not be competent to issue directions to take action directly, but High Court is certainly competent to issue direction to investigate into the matter and depending on result of investigation take suitable action in accordance with law!!!

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Answered on 7/09/06, 8:17 am


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