MR. PRAVAT KUMAR PADHI, PRESIDENT:-
This C.C.Case No. 54/2022 has been filed U/s-35 of C.P.Act, 2019 seeking following relief:-
Hon’ble Commission may direct the Ops to quash the arbitration proceeding issued against the Complainant without cutinized (wrongly typed by Complainant) the geniuses of loan agreement implicated the Complainant as guranteer. Further the OpNo.1,2 &3 are directed to pay Rs. 5,00,000/-(Rs. Five Lakh) for fine/penalty of illegal misappropriation, mental agony & litigation cost i.e Rs. 8,00,000/- (Rs. 8 Lakh).
Brief fact of the case is that Complainant being aggrieved by the order passed by Ld. Sole Arbitrator(OpNo.5) has filed the present C.C.Case seeking to quash the Arbitration proceeding and pay Rs. 1,50,000/- (Rs. 50,000/- each by OpNo.1,2 & 3) towards pending for illegal misappropriation and Rs. 2,50,000/- each (Rs. 2,50,000 x 3= Rs.7,50,000/-) towards mental agony and Rs. 50,000/- towards cost of litigation.
Arbitration proceeding was initiated as per the terms of agreement between both parties prior to filing of C.C.Case and any order passed by Ld. Arbitrator is not amenable to the jurisdiction of this Commission and we have no power to adjudicate any order passed under Arbitration & conciliation Act, 1996.
As such Complainant has failed to make out a case and accordingly the C.C.Case No. 54/2022 along with I.A 20/2022 are here by dismissed.
Issue extract of the order to the parties concerned.
Pronounced in the open Commission, on this the 3rd day of October,2023.
I, agree
Sd/- Sd/-
MEMBER PRESIDENT
