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shoaib   04 September 2019 at 20:57

Extension of time u/s 29A of Arbitration& Conciliation Act

Sir,
High Court u/s. 11 of Arbitration & Conciliation Act 1996 referred the dispute to Arbitrator. Even After lapse of 3 years from the reference proceeding before the Arbitrator has not been commenced. Now, after 3 years the learned Arbitrator issued notice and called upon the parties to participate in the proceeding. I had objected the same being delayed. Therefore, the claimant has moved application before High Court for extension of time u/s. 29A of the said Act.

Whether the same is maintainable kindly guide with caselaws.

Regards

Adv. S.A.Khan

kavethaperumal   04 September 2019 at 13:02

For agricultural land

My grandfather passed away in the year 1976. He has 1 son & 3 sisters. In his life duration, he did marrage for one daughter, after that my father did marriage for his two younger sisters.All are married before 1980. In the mean while, after my grand father death, my father changed all my grandfather's self acquised properties to his name by Patta. I have one sister. After my father died, my mother registered most of that properties (gift deed) to me and some to my sister's husband( by sale deed) . is it valid? Patta & Gift deed from 2000 in my name. After my mother passed away, my sister filled a case to ask 50% share from me. Same time , my aunties also asked the court to joint them in this case. My sister withdrawn her case in 2017. My lawyer didn't follow the case. So, Exparty judgement proceeded by court in 2018 by the favour for my aunts. I appealed for cancellation for exparty judgement. Now, the case is again numbered in the court. hiring is going on. What is the final for this. Can U give suggestion to move further.
Thx
Sivakumar

mohan.D   04 September 2019 at 03:02

Father had got property to elder son in joint family

Dear experts
If father had got property to his elder son in joint family property not to second son and younger daughter and the death of Father can elder son can claim equal share in property in joint family property ? Dear experts please answer and give suitable suggestions.
Regards
Mohan

Anonymous   03 September 2019 at 17:38

Appeal by the respondent when crp filed by him pending

When a CRP against the ex-parte order is pending in the High Court, can the respondent file appeal suit against the ex-parte judgment / decree in the next appellate court (Sub-Court) ?

{Balu manikantan} SUBRAMANYAM   03 September 2019 at 16:59

Eviction suit

Maintainability in a suit for forcible eviction by tenant and a suit for eviction by a landlord at a later stage and are pending in two different courts of same court complex. Can the both suits be clubbed or adjudicated independently.
The suit filed by the owner for eviction is coming for judgement.
what will be the fate of the case for illegal/ forceful eviction filed by the tenant if any order is passed by the court where the owner has filed for eviction.

Anonymous   03 September 2019 at 16:35

Written statement

Sir
My mother (plantiff) filed suit for deceleration ( she lives with my brother )
After that she died
Notice was not served to me
I came to know about that case after she died and I accept notice
Now I have given time to file written statement by court
No LR application has been filed by counsel for plantiff (my mother) till today
Now whether i have to file written statement within 90 days
or
I have to wait for LR application to come before Court

(As I am in confusion that how can I file written statement against the plantiff who is dead and no LR is their on her behalf to come and contest case)
Or
What will be the limitation for filing written statement .....
whether 90 days (from appearing in court ) or (from the date when LR will appear)

NAGARAJ   03 September 2019 at 16:00

Partition suit

Partition suit filed in the year of 2007 .plaintiff not added the house property in to the suit because defendant no.1 along with plaintiff given the said house property to contesting defendant no.2...in the year of 1980 itself....as a plaintiff now also we dont want that house........in future whether my partition suit is dissmissed for partial partition and it is not maintainable ?.
As a plaintiff shall I give interest on house property to Def no_2

Vashishth Joshi   03 September 2019 at 14:09

Personal guarantee by indian resident

BRIEF OF THE TRANSACTION

An Indian company is willing to enter into several trades with a company in Ghana. The partner/director of this Ghana company is an Indian resident. He assures to give the Indian company a certain amount of trade and a fixed percentage of return for the credit period he uses to pay the invoices. There is an understanding between this Ghana company and Indian company whereby, the Indian company would sell goods to Ghana company under credit terms (4-6 months). However, the Indian company needs some security of the payment. Hence, the partner of this Ghana company is ready to become a guarantor and give PDC (as security) issued in his personal capacity in favour of the Indian company. If the Ghana company defaults, the Indian company can encash the cheques of the Surety or sue him if it is dishonoured.

QUESTIONS:

1. Can this Indian person, being a partner in the Ghana Company, act as a Surety and give personal guarantee under the agreement?

2. Is Indian company entitled to receive PDC in INR as a security, for the given transaction (being in foreign currency) and be able to effectively use it to cover its debt, if the foreign company defaults in payment?

3. Considering the involvement of foreign currency bill being secured against Indian currency PDC, is there any requirement to report this agreement to RBI or need to follow any FEMA guidelines?

Tanx   03 September 2019 at 12:57

Society rwa not conducting audits and misuse of funds

Hi. I stay in tulip petals society which is governed under haryana apartment ownership act. In last 7 years there was no audit conducted. Also recently the elections were held where there was a variance in vote counting and later displayed results. Please suggest who can I complain and escalate this matter. Can Election be null n void.

Aleken   02 September 2019 at 13:42

Affidavit - mismatch in name

My name is John D'souza. My fathers name is Savio D'souza. The name on my share certificate is John D'souza. While the name on the pan card and aadhar card is John Savio D'souza. I have been asked to submit an affidavit of mismatch in name. Do i have to give an affidavit for :

One And The Same Person

OR

Change in Name