Arbitration

Bulu (Querist) 17 June 2014 This query is : Resolved
I have executed one register agreement between me and land lord to purchase one flat in the 3rd floor of the land lord residence on 29.02.2012in Guwahati DC office and paid Rs.650000/-. But due to some of my personal problem want to cancel the agreement on 09.05.2012 by lawyer notice . Also it is as agreement clause no.19 which is “That in case this agreement becomes void or is cancelled, the claim of the Second party shall be limited only to the amounts paid minus the 15% cancellation charges. The Second party shall have no claims for compensation or damages or for deficiency of service. The Second party shall also have no claims whatsoever upon the building and/or the land.”But land refused to make payment after deduction . when I proceed for arbitration as per clause “That any dispute arising out of this deed shall always be mutually resolved in a spirit of good faith; in exceptional cases it will be resolved by arbitration as per law.” My lawyer and arbitrator discussing( no court Number )and spent 2year. Then I applied to court for arbitration . But land filled one objection as one discussion / arbitration (totally outside the court discussion between lawyer and arbitrator). JUDGE VERDICT will come in the month of July-2014 regarding whether it will proceed by court or one discussion / arbitration. If it is discussion / arbitration then 03 year will spent and I will unable to file suit. Please guide me what I should do

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Devajyoti Barman (Expert) 17 June 2014
I arbitration clause is there , no court can adjudicate the issue.
You are not clear whether the case is pending before the arbitrator for last 3 years or not.
If yes, then he can pass award after adjudicating the dispute.

ajay sethi (Expert) 17 June 2014
in case court decides that dispute should not be referred to arbitration you are at liberty to file suit .your claim would not be barred by limitation

Bulu (Querist) 17 June 2014
But if court decide that it should be proceed discussion / arbitration(non establishment way i,e, not through court)then again the land lord will take the chance of delaying which force me to frustrated.please guide me

Raj Kumar Makkad (Expert) 17 June 2014
You can pray the court to direct the arbitrator to finish his job within a stipulated time of one or two months which shall not delay the process.