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Ashok Shah   22 September 2015 at 00:12

Slp against order u/s 11 of arbitration act

HOn'ble judge of HIgh Court dismissed the petition on the ground that "Since the petitioner cannot proceed to appropriately deal with the objection canvassed under section 69(2) of the Partnership Act, 1932, A.P. No. 1552 of 2014 is dismissed for default. The petition may be revived upon the petitioner being adequately ready to deal with the challenge.

There will be no order as to costs."

My view : If petitioner can not proceed appropriately, then petition should have been dismissed and not dismissed for default.

Again, when petition was restored, ON 22ND JULY WITHOUT REFERRING TO THE ABOVE MATTER BY HON'BLE JUDGE. THE FOUR COPIES OF ORDERS ARE ATTACHED HEREWITH FOR YOUR PERUSAL.

WE NEED YOUR ESTEEMED SUGGESTION AS TO SHOULD WE FILE SLP.

FOUR ORDERS IN FOUR PDF FILES ATTACHED HEREWITH FOR YOUR PERUSAL. MY EMAIL ID IS AKVSHAH@GMAIL.COM

ORDER COPY GIST IS GIVEN HEREUNDER

ORDER DATED 10-08-2015

CAL CUTTA Ordinary Original Civil Jurisdiction ORIGINA L SIDE
JUSTICE SANJIB BANERJEE
D ate : August 10, 2015.

The Court : The respondents are not represented despite previous service and despite the proforma respondents being represented at one point of time.

This is a request under Section 11 of the Arbitration and Conciliation Act, 1996, founded on the arbitration clause contained in a partnership deed of January 5, 2009 in respect of a firm of chartered accountants.

The petitioners say that the principal dispute is as to whether the first respondent has resigned from the firm or not. One of the proforma respondents, according to the petitioners,appears to support the first respondent.

The petitioners invoked the arbitration agreement by a letter dated July 23, 2014. The petitioners nominated a chartered accountant of their choice as the arbitrator. The notice was duly received by the first respondent and replied to on August 10, 2014. The first
respondent asserted that since it was the contention of the petitioners that the first respondent had resigned from the firm, the arbitration clause may not apply. The first respondent also made a counter-suggestion as to the personnel of the arbitrator in
paragraph 2(b) of the reply. Since it is evident from the first respondent’s reply to the notice of invocation that there is no dispute as to the physical existence of the arbitration agreement and since the first respondent did not agree to the petitioners’ nominee as arbitrator, the appointment has to be made by the Chief Justice or her designate.

Mr. Utpal Bose, Sr. Advocate, is appointed arbitrator at a consolidated remuneration of Rs.6 lakh to be shared by the petitioners on the one hand and the first respondent and any supporting proforma respondents on the other at the first instance. The arbitrator will be free to decide on which of the parties should bear the arbitrator’s remuneration while issuing directions in the final award.

The petitioners reckon that the reference should take no more than three months from the completion of the pleadings. The petitioners have agreed to file their statement of claim within three weeks from date.

The order was pronounced by naming a chartered accountant as arbitrator in accordance with the arbitration agreement. Advocate for the respondents appeared at such stage and suggested that a lawyer be appointed as arbitrator. Since the petitioners have accepted such suggestion, the choice of the personnel of the arbitrator reveals a departure from the arbitration agreement. AP No. 1552 of 2014 is disposed of without any order as to costs.

Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.)
sg.


ORDER DATED 21-07-15
OD-84 G.A. No. 2166 of 2015
With
A.P. No. 1552 of 2014
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date: 21st July, 2015.
Appearance:
Mr. Rajeev Kr. Jain, Adv. appears
Mr. T. Tiwary, Adv. appears
Mr. Ashok Kumar Vanchand Shet, appears

The Court: Sufficient grounds have been made out as to why the petitioners were unable to proceed with the request under Section 11 of the Arbitration and Conciliation Act, 1996 when the matter was taken up on June 30, 2015.

The order dated June 30, 2015 is recalled and AP No. 1552 of 2014 is restored to the file. AP No. 1552 of 2014 will appear as ‘Adjourned Motion’ in the monthly list of August, 2015. The restoration application being GA No. 2166 of 2015 is allowed as above but without any order as to costs.
(SANJIB BANERJEE, J.)
sg2

ORDER DATED 30-06-15

The Court : Since the petitioner cannot proceed to appropriately deal with the objection canvassed under Section 69(2) of the Partnership Act, 1932, A.P.No.1552 of 2014 is dismissed for default. The petition may be revived upon the petitioner being adequately ready to deal with the challenge.

There will be no order as to costs.
(SANJIB BANERJEE, J.)
A/s.

ORDER DATED 10-12-14

ORDER SHEET
AP No. 1552 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SUBHASH CHANDRA SARAR & ORS.
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 10th December, 2014.

The Court: Having heard the learned advocates for the parties and upon perusing the instant application filed under section 11 of the Arbitration and Conciliation Act, 1996, it appears that this matter cannot be disposed of without calling for affidavits.
Accordingly, let affidavit-in-opposition be filed within a week from date; reply, if any, within a week thereafter.
List this matter under the heading, “Arbitration Motion Adjourned” a fortnight after Christmas vacation.
(BISWANATH SOMADDER, J.)
akb/

Vijay shaw   21 September 2015 at 23:55

Illegal tenant

Dear all,
I'm a landlord in Kolkata and have a sub tenant staying without rent receipt since years. He have been depositing the rent in rent control and the same have not yet received by me. Last 5 years he have bought a flat in some place in Kolkata and shifted his residency but now he is using the room in my residency as commercially. Plz suggest me what shall I do to remove him from my residence.

Thanks & regards
Vijay shaw

abhishekpandey   21 September 2015 at 23:54

information about a service matter lawyer of lucknow

regarding a service matter case,someone suggested me advocate Harshankar jain of lucknow high court , plz tell how good is he and suggest some other good service matter lawyer as well .

Anonymous   21 September 2015 at 23:33

Talaq

My religion is hindu however i got converted to islam to marry a muslim guy via nikah in 2006. We have taken talaq from qazi in june 2015. Now i am looking for marriage with hindu guy via court marriage. Want to know if talaqnama/khulanama would be considered by bandra court? I also have an Affedavit made by lawyer that we have mutually divorced and i am going back to my maidens name. Want to add: all my Id proofs are by my maiden's name. Kindly advice procedure and if talaqnama would be considered by bandra court?.. Thanks.

aatiya   21 September 2015 at 23:25

Vakalatnama

Dear Sir/Madam of forum,

Please let me know that,there is Xerox Copy of Vakalatnama Or Format From Online with Original Signature of applicant or client on fomat/xerox copy is valid in district court?

Thanking You

Regard

Aatiya

CHRIS   21 September 2015 at 23:03

Full & Final settlement on Separation

Dear Sir/Ma'am,

Five years back a old family friend of us started living in our house and we accepted him as our father, since my mom is already divorced and we were looking for a partner for her. But after few years we came to know that he already has a family and cannot marry my mother legally. Now they have decided to separate and we don't want any relationship with him. PROBLEM is he had put some money in one of my apartment and he wants it back. The apartment is registered on my and my mothers name and I have taken a housing loan for the same. And on mutual understanding I am ready to pay back his share in a full and final settlement. I spoke to few lawyers and they say a mutual agreement on stamp paper is enough. I want to be on safer side as I don't want him or any of his family memeber to come back in future and claim any right on property. What all important points should I cover in agreement ? And do I need to register the agreement or notary is enough ?

It's a bit complicated scenario and I strongly believe this is the best platform where I can get some help.

Going for a agreement in 3 days, request your assistance please .

Thanks in advance !

CHRIS   21 September 2015 at 22:59

Separation from live in relationship

Dear Sir/Ma'am,

Five years back a old family friend of us started living in our house and we accepted him as our father, since my mom is already divorced and we were looking for a partner for her. But after few years we came to know that he already has a family and cannot marry my mother legally. Now they have decided to separate and we don't want any relationship with him. PROBLEM is he had put some money in one of my apartment and he wants it back. The apartment is registered on my and my mothers name and I have taken a housing loan for the same. And on mutual understanding I am ready to pay back his share in a full and final settlement. I spoke to few lawyers and they say a mutual agreement on stamp paper is enough. I want to be on safer side as I don't want him or any of his family memeber to come back in future and claim any right on property. What all important points should I cover in agreement ? And do I need to register the agreement or notary is enough ?

It's a bit complicated scenario and I strongly believe this is the best platform where I can get some help.

Going for a agreement in 3 days, request your assistance please .

Thanks in advance !

Ksreddyacs   21 September 2015 at 22:52

Case is in trail from january,2015

Dear sir,

I have filed one civil suit in court on 24th september,2014. From January,2015 onwards it is under trail.. the hearing dates are follows:
Judge Business On Date Hearing Date Purpose of hearing
Senior Civil Judge 24-10-2014 23-12-2014 WRITTEN STATEMENT
Senior Civil Judge 23-12-2014 26-12-2014 WRITTEN STATEMENT
Senior Civil Judge 26-12-2014 31-12-2014 WRITTEN STATEMENT
Senior Civil Judge 31-12-2014 21-01-2015 WRITTEN STATEMENT
Senior Civil Judge 21-01-2015 30-01-2015 ISSUES
Senior Civil Judge 30-01-2015 18-03-2015 FOR TRIAL
Senior Civil Judge 18-03-2015 17-06-2015 FOR TRIAL
Senior Civil Judge 17-06-2015 24-06-2015 FOR TRIAL
Senior Civil Judge 24-06-2015 01-07-2015 FOR TRIAL
Senior Civil Judge 01-07-2015 22-07-2015 FOR TRIAL
Senior Civil Judge 22-07-2015 04-08-2015 FOR TRIAL
Senior Civil Judge 04-08-2015 12-08-2015 FOR TRIAL
Senior Civil Judge 12-08-2015 21-08-2015 FOR TRIAL
Senior Civil Judge 21-08-2015 10-09-2015 FOR TRIAL
Senior Civil Judge 10-09-2015 25-09-2015 FOR TRIAL

Kindly let me know why is it under trail since long time..Are there any lapses from my advocate/any other lapses?
Your information highly appreicated in this matter...please guide me how to approch further..

Bhika Reghiwale   21 September 2015 at 22:46

Advice & query

Thr
I took a loan fm money lender by executing the sale agreement of my agricultural land. Time given for sale deed is 5 months Received amt by cheque. Agreement is notarized. At the rate of 10 % /m
After a gap of one month He came to execute a time extension bond for required 4 months more time. It is clearly written that time is demanded by him  for his work only in it. It executed by us.
After expiry  of this time , again  He came to me for time extension bond after a 4 months gap and taken 5 months extension of time.
In it also He stated the same that  the time is demanded by
him for his work only.
Later after 27 months fm  initial date of execution of the agreement to sell , He served the notice & gone in civil court by filing a suit During this period He earned twice thrice , land prises also gone twice thrice . Hence He did not come for sale deed any time. And He is having no other proofs also except bank statement + agreements.
      Please advice me by any case law for my defence . It may be treated as urgent. On the contrary , I am having proofs of his money lending without licence in case of the main witness . Who is a witness in this agreements ( its a documentary certified court's proof.) .please advice me .

RANJAN DEY CHOUDHURY   21 September 2015 at 22:41

Pension and pensionary benefits

My friend has served in Central Government for more than 23 years without any break. All of a sudden he was posted out due to some misunderstanding with controlling auhty's. He haven't join new place of posting and remain absented from service at his own, resulting which he was removed from service. In my idea he is entitled for full pension as well as all eligible pensionary benefits. There is a court judgement two-three years back of similar type of issue and all pensionary benefits are extended to such person as he completed more than 20 years of service. Please guide me and quote reference so that I can help someone.