arbitration process

Advocate

Dear Members,

Would like to draw your experiences and view on the following matter that which would be beneficial in moving ahead in the case.

Two Parties "A" and "B" entered into an agreement, B drafted the agreement and gave "A" permission to have a branch office of "B". The agreement contains an Arbitration clause, differences proped between the parties. "B" in the mean while sent a LEGAL NOTICE specifying charges as IPC 420, now B is proceeding for filing a civil suit for the money dispute.

The question here is

1. Can "A" avoid going to the Arbitration proceedings, as the court may say, it has no jurisdiction as the agreement contains arbitration clause and advices to settle the matter through arbitration.

2. Giving of LEGAL NOTICE devoids "B" of his right towards ARBITRATION.

Members view are solicited in this regard.


Regards,

Pramod
 

 
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Advocate/ Asst. Manager(Legal)

Dear Sir, You must explain first that "B" send legal notice to "A" within the ambit of terms given in the Agreement betwen A and B or this notice is outside the scope of Agreement between them.
 
Reply   
 


Advocate

Dear Dinkar,

the notice is sent on falsified ground within the terms of the agreement.

My question here is

can A tell the court that there was violation of the Arbitration clause by sending of legal notice u/s 420 of IPC and hence to allow the suit and not dismiss the same.

 

Regards,

Pramod

 
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