Arbitration
syed niaz ahmed shah
(Querist) 24 June 2013
This query is : Resolved
the Honble civil court had issued an interim order to the petitioner , who by force under the garb of this interim order entered the property and occupied the property even though the property was not on the name of the respondents on which the interim order was issued. later the court on representation of the respondents ordered partners to resolve the civil case initiated against all partners by the petitioner by Arbitration, the court was pleased to refer the matter to ARBITRATOR. the respondents have presented themselves to the Arbitrator, but the petitioner is not putting up his claim or petition as directed by the Arbitrator appointed by the court.
My question is in such scenario the petitioner is still occupying the property illegally as all interim orders are supposedly no more operative , and is showing no response to the court orders, and the local Police is helping him with keeping Police force without any court orders for that.
My question is also what is the law stating or we should do in case the petitioner does not respond to the Arbitrator and in case the Arbitrator sends the case back to the court by showing his inability to proceed because of non cooperation of the petitioner.
please direct me case referrals or legal redressal to combat this attitude and misrepresenting the facts and now showing no respect to law and reconciliation ordered by the court.
My lawyer is suggesting that we ask the Arbitrator to treat us as petitioners and petitioner as respondent and by this legally petitioner(now respondent ) will have to protect himself or can we ask the Arbitrator direct the police or court to reestablish the property to the rightful owners.
ajay sethi
(Expert) 24 June 2013
arbitrator can proceed in the absence of petitioner . issue him notice if he fails to appear pass an order t meets the ends of justice .
Raj Kumar Makkad
(Expert) 26 June 2013
If there is arbitrator clause in the agreement then the jurisdcition of civil court is barred and arbitrator shall decide the matter if the petitioner is not joining it.
