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Chandran Baloo (Proprietor)     07 January 2012

Status of property in arbitration

A Partnership Deed with an Arbitration Clause is under arbitration.  The property of the firm has been mortaged by one of the partner "A " for his personal benefit,  without the knowledge of the other partner "B".  While proceeding now for Arbitration, should not the property be got into the case free of any liability by the partner 'A' before proceeding for valuation and networth of the firm for settlement by the arbitrator.  

Thanks for ur valued advice in advance.


 2 Replies

Nayan Medhi (RD)     07 January 2012

No idea ...sir 

satish (advocate)     09 January 2012

u can lodged arbitartion proceedings and u can alsofile an I.A u/s 9 of Arbitratio act before District court to seta saide the void mortigage, then u may proceed with main claim


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