Arbitration
SAA_Bombay
(Querist) 30 October 2013
This query is : Resolved
R.Experts - After redevelopment, we have stopped our developer from converting stilt parking into commercial space. Now for this he is harrassing us by one or the other ways. We filed our case with MOFA Court of Vikhroli just last week, now, from when he has got this news, we are getting ltr from his advocate that we should settle the issue by way of arbitration. Yes, we have this clause in our redevelopment agreement. But we don't trust this. Bcoz previously also he has done so many similar meetings with us in same way, only name of this meeting was different, but in each meeting he puts a condition that we should first provide him consent for commercial space only after that he will resolve our issues. But this all is in verbal not writting. Please guide us, is it mandatory to first go for arbitration ? he there any way that we can prove that he is just planning to buy time & nothing. We have heard that the political person who is helping him hiddenly has adviced him that he should waste time till elections are completed, after that he will manage the show. Please guide what shall we do?
ajay sethi
(Expert) 30 October 2013
you must have engaged a lawyer . he must have perused papers . based on his advice you must have filed complaint at vikroli court .
if your agreement contains a arbitration clause then reference can be made to arbitration
Rajendra K Goyal
(Expert) 30 October 2013
In case of Arbitration clause present in the agreement the reference should be for the same first.
Raj Kumar Makkad
(Expert) 30 October 2013
The matter is required to be sent for arbitration as per clause of the agreement.
SAA_Bombay
(Querist) 31 October 2013
Thank Sirs, but wanted to know, do the arbitration judgment has same power of court? What if someone does not agree with the judgment or feels unsatisfied.
ajay sethi
(Expert) 31 October 2013
yes arbitrator has powers of court . an award passed by arbitrator is binding on parties . if any party is aggrieved by the award he can challenge the said award in court
Rajendra K Goyal
(Expert) 31 October 2013
Arbitration award has applicability. Aggrieved party may challenge in court.
SAA_Bombay
(Querist) 05 November 2013
Thank a lot.
ajay sethi
(Expert) 05 November 2013
thanks for your appreciation
