Arbitation case with cane society on illegally increased the

Querist : Anonymous (Querist) 22 December 2020 This query is : Resolved
I am tenant of Cane Society UP shops. Cane society had increased rent 10 times in a stance by SDM which was not the authority for the same. even nagarpalika market shops are not charging the same amount. I had filled a arbitation case with Cane Society in 2014 under which stayed was granted and matter still under jurisdiction of Civil Court Ghaziabad. Since 2012 no rent (new and old) have been deposited with court and cane society is not accepting old rate rent. Even the matter still in court, Cane society verbally threatening for deposition of outstanding rent on new rates.

My question is

1. Can we file a fresh appel with court to accept outstanding rent on behalf of can society and further monthly rent will be deposited with them.

2. Since we have to do our business and if we paid increased rent to cane society then whether on basis of that arbitration suit gets cancelled or set aside on that proof.

3. Since matter under jurisdiction of court hence, can Cane society tranfer the shops to someone else being non payment of rent. Is it possible...

Beyond the aforesaid if any new suggestions on the same may pl be given..

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Quick Summary

A tenant is in dispute with Cane Society over a 10-fold rent increase, which they believe was imposed illegally by an unauthorised body. An arbitration case filed in 2014 is ongoing, with rent payments currently suspended. The tenant seeks advice on depositing outstanding rent with the court, whether paying the increased rent would jeopardise their case, and if Cane Society can transfer their shop while the matter is in court. The advice suggests applying to the court to deposit rent arrears and future payments, and highlights the need for clarity on the arbitration and court proceedings.

Rajendra K Goyal (Expert) 22 December 2020
You said:
1. Can we file a fresh appel with court to accept outstanding rent on behalf of can society and further monthly rent will be deposited with them.
Reply:
You can pray court through an application to permit to deposit rent in Court with arrears till final decision.

You said:
2. Since we have to do our business and if we paid increased rent to cane society then whether on basis of that arbitration suit gets cancelled or set aside on that proof.
Reply:
You are claiming that case is in arbitration, also in court. What are the claims / relief sought in both institutions? If in Arbitration, why court was approached?

Rajendra K Goyal (Expert) 22 December 2020
You said:
3. Since matter under jurisdiction of court hence, can Cane society tranfer the shops to someone else being non payment of rent. Is it possible...
Reply:
Generally, not without following procedure.

You said:
Beyond the aforesaid if any new suggestions on the same may pl be given..
Reply:
Try to deposit due rent in court.

P. Venu (Expert) 23 December 2020
How there could be arbitration and a court case on the same issue? Facts posted are disjointed and lack clarity.

Rajendra K Goyal (Expert) 24 December 2020
The author has not provided the information sought by the expert P.Venu.

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