1. The most important document which can turn the tables in the court is the contract, which you do not have. Be that as it may, if you have the client registration form filled by him in your possession then it may be sufficient in the ordinary course to repel his case. The onus will then fall back on him to prove that the money was not paid by him for trading.

2. Judgments will not help, but the evidence will. Every case is special on the face of its own merits.

3. If there is an arbitration clause then the jurisdiction of the civil court stands barred.

in your written statement deny that amount was paid by client towards loan

2) mention that plaintiff was trader and had made payment for transactions carried out by him

3) enclose copy of client registration form filled in by him , the contract notes raised , detailed statement of account of the client

4) also mention that disputes have to be referred to arbitration before the stock exchange as per clause in your agreement with the client

in your reply take specific plea that as per terms of contract with the client all disputes have to be referred to arbitration only

2) you dont need judgments . you have to deal with allegations made in plaint and deny the same

if district court passes decree against you then you should file appeal in HC against said judgment

you ought to have raised preliminary issue that court would not have any jurisdiction to hear the case in view of the arbitration clause in your contract

If court passes order that it has jurisdiction and has refused to refer Dispute to arbitration file appeal against said order before the HC

client never complained to SEBI/BSE/NSE/CLB/, never done any correspondence with us.he sued us first and last directly.

now pl guide us what should we do? is there any similar case in history? any judgement.

If you have evidences of the transaction the client made through you as well as the details of the money transferred to the trading account shall be produced before court to prove that the money given by the client was for trading purpose only and not advanced as loan.

You can establish the same during trial and cross examination of yor client in the pending case.

can we give a application to court that the matter should be lodged in arbitration only ?

Your client has cleverly filed money recovery suit yo avoid arbitration proceedings.

He knows that he canot win in the arbitration proceedings if challenged.

In fact if your client had signed any pact with you regarding the trading for which he had deposited the amount, you may seek before the court for a direction to approach arbitration for further proceedings and to dismiss the present case.

at present , the case is in district court in jodhpur for a long time.if court gives decision against us, should we go to high court or in arbitration.

You have relief only in an appeal before the appellate court.

since in court, judges are normally not familiar with share market activities and rules and regulation of exchanges , neither they have a team of chartered accountants etc who can have a deep checking of brokers records.so can you guide me a strong plea on that basis that this court is not competent to hear this case

It is your misconception that the judges are not in the knowledge of shares or share market dealings.

The judges will go by the law referred before them.

The share market or tradings also function based on law and rules meant for it. The court is concerned about the law and its violation alone and it is not interested in what you think about it.

You challenge the cae before court properly as per law and if you dont get justice to please you, you can appeal before the next higher court.

please reply

Please change your idea about the judges' knowledge, they are supposed to know the law which is being interpreted before them by both the parties to the dispute.

The court will decide the cases as per law and not as per an individual 's thinking. The charted accountant or any expert can assist the court if called for and if necessary the court may even appoint an amicus curie for this purpose.

Kindly provide some similar case and judgement thereof

we have raised our objection in our written statement that court has no jurisdiction and that should be heared only

in arbitration, but court allowed it and today it is in final stage (argument). should we argue till today about jurisdiction and what should we do if court does not hear us

The court will hear both the party to the case and it will decide only after both the parties present their arguments before court, hence you can make your arguments on whatever issue you rely upon.

You can be in touch with your lawyer regularly and pass on such instructions which are worth enough to win your case.