I want sum information, legal guidance on the following topic.
On the day 15 th January 2007, I as a Lesser & Sigma Corp, Thane (West), Pin 400 601 as a Lessee having a business Rent a car entered in to agreement having terms & conditions thereof. Agreement Contract period was 30 month having date of commencement 15th February 2007 & expiry on 14th July 2009. As per the agreement terms & conditions, after making the marginal amount payment, the lessee will be paid fixed amount as a rent/hire charges per month; i.e6,000.00 during the contract/agreement period for a 30 month, if the lessee making any default in payment for subsequent three month from the date of payment the lessee will have to pay the interest rate of 24 % Per Annum on default amount as per agreement clause (2). As per agreement Clause 9 Lessee will return the car after completion of agreement/contract period.
BREACH OF AGREEMENT & DISPUTE
Breach of our agreement/disputes as follows:
1) Firm has not paid the monthly rent/hire charges from the Month of Sep 2007 (last payment received on Aug 2007) till completion of agreement. Firm has not paid the interest on defaulted amount as per agreement.
2) Firm has not returned the vehicle till date as per the agreement clause after expiry of agreement period which were expired on 14th July 2009.
3) As per agreement/contract clause No. 12, any disputes arise between the Lessor and the Lessee or any question arising under the same shall be referred to the Arbitrators, one each to be appointed by either side.
4) I had sent the demand notice & notice through registered AD post for payment & appointment of arbitrator for his side as per arbitration clause. But all the notices are received back stating addressee not found. As the police has taken action on the firm against various IPC & RBI act closed their business &filed a charge sheet in court &case is pending before court till date.
In this case can I
a) Appoint sole arbitrator.
b) For appointment of arbitrator to whom asked or write a letter
c) As per limitation act arbitration case is valid.
d) As there is an arbitration clause. If opponent party not appoint arbitrator can I file Civil suit.