(Querist) 04 August 2008
This query is : Resolved
I had filed a case before the permanent Lok-adalath under section 22 of legal service Authority Act.
The said case was for concilliation and settlement of difference against the Reliance Infrastructure Pvt. Ltd.
My client was a service provider to the opposite party by a Contract.
The opposite party moved an application for maintainablity of my suit.
The Permanent Lok Adalath has dismissed my case only on the ground of section 5 of arbitration Act.
I want to know that whether section 89 of Civil Proceedure Code be implimented in cases where there is an arbitration clause in a contract and brought to the Adalath as alternate Dispute Resolution in cases in which the parties entering before filing a case in Court?
(Expert) 05 August 2008
Sir lok adalat has no power to command either of the parties. If any one of the parties are not willing to settle the matter then the lok adalat has no option than to refer the litigating party to appraoch to the competent court.
anantha krishna n.v. Advocate
(Expert) 06 August 2008
SEc.89 CPC is independant of arbitratin agreement. Even in the absence of any arbitration clause in the agreemetn, SEc.89 can be invoked by te court.
Sec.89 permits the parties to choose any of the alternative dispute methods such as arbitration conciliation etc.,