Answer: Where in the agreement entered into between both the parties, there is a mechanism to settle the dispute arising between the parties by the arbitration in accordance with the Rules of Arbitration or when the parties have agreed upon the procedure for appointment of arbitrator, ignoring the same, the High Court cannot appoint arbitrator Suo Motu or by ignoring the procedure prescribed for appointment of arbitrator in the agreement. If this Honourable High Court does so, the said order can be set aside. In arbitration matters, the agreement has all sanctity and thus, it’s provisions cannot ordinarily be violated.
Author: Legal Advice Guru
Query: I had taken a loan of ₹ 5 lakhs from a private financer. At the time of advancing loan, the financer had also obtained security cheques from me. Although, the loan amount with interest has been repaid, but the financer did not return the security cheques. He misused the same by filing a false case under Negotiable Instruments Act. How should, I defend myself.