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Ajit Joshi   20 June 2017

Please advise as soon as you can

Dear Sir/ Madam, We are plot holders in a private hill station near Pune known as Girivan . We all bought our plots through a promoter of the project Mr. Jayant Mhalgi and the Marathi Actor Mr Vikram Gokhale . They are refusing to let us form our society . They have put obstructions in the way by taking objections with the relevant authorities. Since our society is still to be formed , we just cannot match their funds , as we all know moving things in offices all over the country requires funds. We are stuck on a technical point where our advocate delayed responding to the court and when we realised our delay condonation appeal was rejected. We came to know that the relevant minister can clear the matter and give consent for the society formation. So many tricks have been played that it Is  not relevant in this small letter. Since Mr Mhalgi himself has may plots , we could have made the society together. It so transpired that  he has sold plots of demarcations that are wrong and there are a lot of irregularities . He is willing for an arbitration after my meeting with him. Most of the members are happy about my meeting and allegedly breaking the ice. . My questions are 1) is Arbitration possible ? One of our members says it is not possible In such cases , and is only used for clearing disputes in between companies. 2) If a mediation by a third non involved person with credentials is done , will it be legal ?, so that he cannot go back on his words. If not how can we make it legal? What do yo suggest . I am a doctor and know nothing about law. If I am not supposed to name anyone , please let me know before you post this.



Learning

 2 Replies

Arjun Kohli   22 June 2017

  1. Yes, Arbitration essentially requires mutual consent between the parties and if you both are willing to go for the same, it is legally possible. The information conveyed to you isn't accurate as such and Arbitration is a valid method of dispute resolution even between individuals. The essential element here is the requirement of a defined legal relationship between the parties and you can definitely resort to Arbitration.
  2. Mediation by a neutral 3rd person will be legal, however, it will not have a binding force like that of an Arbitral Award. Therefore, if there is a mutual consent, Arbitration is better from the point of view of legal security as it will be binding on the parties involved.

Feel free to ask about anything you have a doubt about. We shall answer to the best of our knowledge or advise you appropriately.

Regards

Ajit Joshi   22 June 2017

Extremely obliged Sir for the clear and prompt response. 

Thank you.

ajit


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