Appeal against aggreved cmp orders
S Umesh Rao
(Querist) 14 October 2015
This query is : Resolved
Sir, i have filed a case in high court for appointment of sole arbitrator. The trail court had ordered all the parties to the suit for arbitration...based on the above order parties were made as respondents who were successor in right or an assessee for some claims of settlement. My counselwas asked , why were they made as parties when they are not part of arbitual agreement. In the spur of the moment, my counsel was asked to give a memo to delete some of the respondents who were not part of arbitral agreement.He did not have the authority to give the memo. But he gave the memo... Based on the strenght of the memo and not on merits high court passed an order deleting major respondents without reserving the rights of the peritioner.. i n�ed to know from experts how do i now go forward and appeal. The court has made an order on strenght of memo and not on merits.. We petitioners have not consented,nor signed the memo. It is our counsel who has filed it because the court asked for it. Please advise me sir. I am in a fix.
P. Venu
(Expert) 15 October 2015
No party need to suffer for the mistake of the lawyer. You can include this aspect also in the Appeal.
Rajendra K Goyal
(Expert) 15 October 2015
Your lawyer had authority through Vakalatnama to act on your behalf. No separate authority was required.
S Umesh Rao
(Querist) 15 October 2015
Vakalathnama is given for legal enteries in court and not for illegal ones.
S Umesh Rao
(Querist) 15 October 2015
Vakalathnama is given for legal enteries in court and not for illegal ones.
S Umesh Rao
(Querist) 15 October 2015
Vakalathnama is given for legal enteries in court and not for illegal ones.
S Umesh Rao
(Querist) 15 October 2015
Sir, i have filed a case in high court for appointment of sole arbitrator. The trail court had ordered all the parties to the suit for arbitration...based on the above order parties were made as respondents who were successor in right or an assessee for some claims of settlement. My counselwas asked , why were they made as parties when they are not part of arbitual agreement. In the spur of the moment, my counsel was asked to give a memo to delete some of the respondents who were not part of arbitral agreement.He did not have the authority to give the memo. But he gave the memo... Based on the strenght of the memo and not on merits high court passed an order deleting major respondents without reserving the rights of the peritioner.. i n�ed to know from experts how do i now go forward and appeal. The court has made an order on strenght of memo and not on merits.. We petitioners have not consented,nor signed the memo. It is our counsel who has filed it because the court asked for it. Please advise me sir. I am in a fix.
T. Kalaiselvan, Advocate
(Expert) 18 October 2015
What is the reason for repeating the same post subsequently, do you think the other experts will ignore your original post and may reply to your subsequent posts alone?
Well, in your case, what your advocate has done is on behalf of clients only and not for his personal benefit. The high court has passed the orders on merits only, the contents of memo can be taken as merits for the decision taken by high court. If you have filed a petition for appointing arbitrator, the decision by the high court on your petition has to be accepted by you because that is what is you have prayed for, finally (through memo)
