Upgrad LLM

arbitration fraud


My case is very interesting. We have a property in Delhi which was bought by my father in 1981 and (he is the sole licensee and owner with no one else recognized on lease deed by the government) later was given to a contractor for commercial use in 1983 as it is a cinema. the contractor gave us monthly share from profits but eventually would not vacate the premises wheh asked  to do so in 1998 and he got rough with us by threatening my parents and problems started as all of a sudden in a matter of 2 months this man came up with a fake partnership deed in  year 1998 stating that partnership deed was signed by my father in 1983 and another one in 1988 which shows that this contractor is the owner of 75 % of the property and we own 25 % but deed was never registered and we know that it is fake and thus my father complained to the police in various letters written to police but police did not register  an FIR. this deed has a arbitration clause and he invoked the clause in 2000 and started arbitration proceeding at the same time and we filed a case against him in the district court for fraud and stay on arbitration proceedings but proceedings went on and we went to a few of them(proceedings) stating the same things in front of the arbitrator ( self appointed arbitrator based on fake douments, arbitrator is close friend of the contractor) but arbitrator rejected our view and mentioned that the documets were original as he has gotten it checked by an expert and gave an award in 2003 inspite of case filed in district court of fake documents and fraud which strictly asked by us for stopping arbitration proceedings.  the contactor  who  delayed the proceedings by not event filing a written statement in the fraud case.  the case is still going on in the district court which is a slow process and contractor has never submitted his documents in district court for signature verification. delhi high court has rejected our application for setting aside the award under section 34 and now we are in the supreme court where our SLP was admitted and interim orders were passed that they will wait for the suit in district court which is still going on and that is the one where we have asked the district court to make the documents null and void and stop the arbitrtion proceedings. supreme court has waited for almost 1 .5 years but suit is still pending and in the process of hearing on a biweekly basis and supreme has set up case for final disposal in end august 2012 and i am worried what if the district court suit is still not finalized? the other concern i have is that , would we lose the supreme court case or if the documents are proven to be null and void then win the case award would be set aside. the documents are 100 % fake and that is the reason this guy has never produced it in any court but he keeps crying over arbitration and his award as if the documents were ever checked he would go to jail. so contractor very smartly has used the arbitration clause in his favour but since supreme court has given us relief and left all pleas open including the plea of forgery in their orders i am expecting some relief but arbitration act is such that there is so little margin to fight the award. what do you think is going to happen???

 
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