Property law
Querist :
Anonymous
(Querist) 08 November 2011
This query is : Resolved
i paid advance and entered in to an ATS with "A" on the basis of Agreement to sell he had entered with "B" . This fact has been mentioned in my ATS . "A" breached contract . i sent notice. Arbitrator appointed . "A" and "B" filed joint reply in HC delhi in the application u/s -9 of A&C act that "A" is the authorised representative of "A" . The reply was different from what "A" had admitted in the ATS with me . Can "B" be made party to the arbitration proceedings and award be passed against "B" and "A" both and will such award be binding on "B" and "A" both .
prabhakar singh
(Expert) 09 November 2011
Your expression"that "A" is the authorised representative of "A" . is confusing and i failed to decipher it despite many attempts taken.
However it would be prudent for you to sue both 'A'and 'B' as party wherever you sue them as agreement of 'A'with you recites the role of 'B'.And further progress before high court also warrants its need.From every angle i judge i find him necessary and proper party .
Querist :
Anonymous
(Querist) 09 November 2011
SIR,
"A" ENTERED INTO AN ATS WITH ME BY SAYING THAT HE HAS ALREADY ENTERED INTO AN ATS WITH "B" . BUT IN HIS REPLY BEFORE THE HC HE IN JOINT REPLY WITH "B" STATED THAT HE IS THE AUTHORISED REPRESENTATIVE OF "B" AUTHORISED BY "B" TO ENTER INTO AN ATS WITH ANYBODY IN RSPECT TO THE SAID PROPERTY . THE HC HAS GRANTED INJUNCTION AGAINST BOTH "A" AND "B" U/S -9 OF ARBITRATION ACT . NOW THE MATTER IS PENDING BEFORE ARBITRATOR . FIRSTLY I BEFORE THE ARBITRATOR I HAD MADE ONLY AS A PARTY AS PER THE ATS . BUT AFTER HIS/ THEIR REPLY IN HC I IMPLEADED "B" ALSO AS A PARTY . THE ARBITRATOR ALLOWED MY APPLICATION . SIR, NOW MY QUERY IS THAT DOES THE IMPLEADMENT OF "B" AS A PARTY IN ARBITRATION LEGAL . WILL THE AWARD , IF ANY , PASSED BY THE ARBITRAOR IN MY FAVOUR BE BINDING ON "B" AND AS WELL AS "A" . REGARDS
