ASHOK KUMAR AGARWAL
17 December 2008 at 17:19
My client entered into an agreement for taking factory premises on rent for six years.At the time of entering into agreement a sole arbitrator was appointed and in the agreeement a clause " all disputes subject to Arbitration" was mentioned.
After one year the Arbitrator resigned .The opposite party took advantage of the situation and filed a case in the District court for vacation of the premises on the ground that the tenant is a defaulter in payment of rent.The tenant contends that the landlord had not given him the necessary paper as promised by him to the Arbitrator as such he would pay the rent only to the Arbitrator on receipt of the necessary papers.
We had made a plea to the court that since agreement was subject to Arbitrator hence the court may refer the matter to Arbitration.The court has no right in the matter.
The arbitrator used to receive the rent on behalf of the landlord.The arbitrator had directed the landlord to give necessary papers to the tenant for smooth running of his factory to which the landlord kept on ignoring.Being fed up of all this the arbitrator had resigned and the landlord taking advt of the sitution filed a suit for eviction.
The clause of Arbitration is as :-
" Any disputes or differences between the parties hereto as to the effect,interpration or application of this tenenacy agreement or as to their rights,duties,liablilities thereunder or as to any act matter or thing arising out of or consequent to or in connection with this tenancy agreement shall be referred to and finally resolved by the sole aribtrator Mr X.The arbitration proceedings shall be in accordance with the provisions of the Arbitration & Concillation Act 1996 or any subsequent enactment or amendment thereof .
The matter is still pending in the court.Pls advise when there is no arbitrator but the agreement is subject to Arbitration will the court have any power to act on it or will the court appoint an arbitrator on our behalf?
basheer khan
17 December 2008 at 12:56
respected sir
i filed a motor vehicle original petition before the court againist the vehicle owner and insurance company including the wife of the deceased as the respondents. in this case, prior to the accident, the wife of the deceased got "Khula divorce" from her husband as per the muslim customs. my question is whether a divorced wife can claim the compensation from the court under the provisions of motor vehicle act
Pravin Desai
16 December 2008 at 18:31
looking for a lawyer in Paradeep, Orissa dealing in maritime law any one interested please contact
rajendra
16 December 2008 at 16:09
MAHARASHTRA REGIONAL TOWN PLANNING ACT 1966, has come in force with effect from 01/10/2005 (in the ahmednagar region)but officially the collector communicate the same to the village panchayat in the year 2007.
Village panchayat has sanctioned so many building plans after 01/10/05, but not after 2007.
what will be the effect?
whether the sanctioned is valid and legal?
tahasildar asking for re-sanction the plan from town planninga authorities?
Rohit Garodia
15 December 2008 at 19:23
Whether by refraining from filing Memorandum, the existing Micro and Small units holding a SSI registration will lose the benefits under MSME Act?
If so, what recouse can they take with respect to delayed payments
R P KANGANE
15 December 2008 at 15:44
Hi
I have one query relating to motor accident. Case is :
Five boys studying in 10th Std. It was sunday when parents were not at home. They came together at one of the friends house and decided to go out for buying some study material. They took the vehicle. One of the boy was knowing driving but he was not having valid license. The boy who was driving vehicle has lost the control over car and met with an accident wherein two boys were died on the spot and other three injured.
In this case, what are the legal implications. Who is responsible and what are the complications.
Please give your valuable comments on this.
Regards
J K Agrawal
14 December 2008 at 10:29
My question is 'Should an advocate not represent on behalf of Kasab ?"
"Advocate Dinesh Mota who was asked by the Maharashtra legal aid to take up Kasab's case has refused to do so. Speaking to the media persons he said, “I was asked to take up Kasab’s case by the Maharashtra legal aid. But I refused to do so,” he said.
Mumbai attack accused, Mohammedd Ajmal Kasab has been in police custody since November 27. Ajmal was arrested from Girgaum Chowpatty while his associate Ismail Khan was killed in a police encounter on the fateful night of 26/11 attacks.
Ajmal and Ismail had killed 55 commuters at CST and three senior police officers, including Maharashtra ATS Chief Hemant Karkare.
Ajmal has been charged with murder, attempt to murder and conspiracy. Ajmal is being tried in 12 cases in the Mumbai terror attacks."
kanwar Lal
13 December 2008 at 19:03
award passed by the arbitrator in mumbai.immovable
property of the customer situated at ludhiana( punjab )can we file execution before the honable court at ludhiana.
SUMIT
12 December 2008 at 16:16
I am a petitioner and i am a IPS officer in uttar pradesh.My promotion is due but they denied my promotion on the basis of only one missing annual confidential report.well i just want to know is there any supreme court judgement in my favour?? what should i do in that case???
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