Personal Loan, Arbitration
I am an salaried person.
I obtained a personal loan from India bulls in 2018.
Last year, at the beginning, my Mother in Law was admitted in the hospital following a prolonged illness, and as a result, for few months, I couldn't pay the EMI's on the due date but paid it in the same month itself.
Up unto Feb 2020, I paid the dues in the same month.
During January 2020, Despite I said to the recovery agent, who was harassing me day and night (I received calls from him around 11:00 in the night too) that my wife's mother passed away, he visited my house (when I was in the office) and menacingly behaved with my wife, while she is mourning for her mother's death. About three years ago, my wife had a brain attack and underwent treatment for the same in a Hospital ICU without any conscious.
Hence, immediately I filed a complaint with the ombudsman, though, I should have filed a PCR in the Jurisdictional court. At the same time, as Covid-19 pandemic set in, I encountered un-expected problems,and I opted for moratorium.
As soon as the moratorium period is over, agents of India Bulls, started sending messages, whatsapp messages etc. By October, they sent me a legal notice. And by December I received a Disclosure Letter from an Arbitrator from New Delhi.
Last week, I received a communication from the arbitrator, saying, there is a hearing in Arbitrator's office and I should attend or it will be decided ex-parte. In the same letter, copies of the Indiabull's communications to the arbitrator is attached. In that, learned council of Indiabull has made prayers like, 1. Immediate freezing of bank account. 2. Immediate seizure of my house hold items (including table, chair, TV etc.) 3. Immediate seizure of vehicles.
I must say that, Respectful arbitrator, gave me an option to appear in person or present by a legal expert or a representative or call to his mobile number. I had only one day to find a legal expert in Delhi.
Since I am suffering from vocal fatigue due to my heart problem with comorbidity conditions, I sent him series of SMS's explaining my position. I am also drafting a detailed response to his notice.
At this point of time,
1. Can I approach Honorable Karnataka High court and obtain a stay order against arbitration proceedings? Or an arbitrator in Bangalore?
2. Since Moratorium case has just concluded in Honorable Supreme Court of India, in which, the honorable bench ordered that the NPA clause should not be used and no coercive force should be applied in recovering the loan dues until further orders; can I file a contempt plea in the honorable Supreme Court of India against Indiabulls?
3. In case arbitrator passes an interim order to seize my house hold items in the future, is it possible to take a protection order (like anticipatory bail) from a Court in Bangalore?
4. Also, please advice me, whether I can send reply to the arbitrator by myself, or it should be done only by a legal council on behalf of me.