Arbitration
Bulu
(Querist) 26 July 2014
This query is : Resolved
I have executed one register agreement between me and land lord to purchase one flat in the 3rd floor of the land lord residence on 29.02.2012in Guwahati DC office and paid Rs.650000/-. But due to some of my personal problem want to cancel the agreement on 09.05.2012 by lawyer notice . Also it is as agreement clause no.19 which is “That in case this agreement becomes void or is cancelled, the claim of the Second party shall be limited only to the amounts paid minus the 15% cancellation charges. The Second party shall have no claims for compensation or damages or for deficiency of service. The Second party shall also have no claims whatsoever upon the building and/or the land.”But land refused to make payment after deduction . when I proceed for arbitration as per clause “That any dispute arising out of this deed shall always be mutually resolved in a spirit of good faith; in exceptional cases it will be resolved by arbitration as per law.”
My first lawyer started the arbitration with two arbitrator( one from each side)and continued for one and half year and did not approached to court to the court for umpire . Is it possible
After that my second lawyer asked me to file 420 case and consumer case. After that the arbitration should be run through court and given me number 43/2013. Is it possible
Devajyoti Barman
(Expert) 26 July 2014
For arbitration proceeding you have to ask the other to appoint an arbitrator, if he refuses to do so then you can file petition u/s 11 of the Act.
You need not appoint tqo arbitrators and one umpire unless so is mentioned in the agreement.
Along with it you can proceed with criminal case as well.
Both can continue simultaneously.
Bulu
(Querist) 26 July 2014
It means that that first My first lawyer procedure is wrong. Am I right
please let me know whether I file file 420 case and consumer case during arbitration proceeding
ajay sethi
(Expert) 26 July 2014
if arbitration proceedings are going on how can you file complaint before consumer forum in respect of same cause of action . you can file complaint under section 420 of IPc as it is criminal case and both can proceed simultaneously .
Rajendra K Goyal
(Expert) 26 July 2014
Agree with the advise of expert Devajyoti Barman ji.
Bulu
(Querist) 26 July 2014
i am interested to know that
My first lawyer started the arbitration with two arbitrator( one from each side)and two lawyer( one from each side) continued for one and half year and did not approached to court to the court for umpire . Is it right or wrong
Bulu
(Querist) 26 July 2014
i am interested to know that
My first lawyer started the arbitration with two arbitrator( one from each side)and two lawyer( one from each side) continued for one and half year and did not approached to court to the court for umpire . Is it right or wrong
Devajyoti Barman
(Expert) 26 July 2014
without seeing the case papers it is difficult advise anymore.
M V Gupta
(Expert) 29 July 2014
Dear Mr. Bulu, appointment of umpire is duty of the two arbitrators appointed by the parties. If the arbitrators could not reach agreement on the person to be appointed as umpire, they should notify the parties to approach the court for appointment of umpire. If the arbitrators have not issued notice of their inability to appoint the umpire, ur lawyer should request them to notify their final decision in the matter and then approach the Arbitration court for appointment of umpire. I agree that a criminal case can be filed against the land lord for cheating during the pendency of the arbitration.
