Breach of contract and arbitration award versus a private suit
Divya
(Querist) 27 April 2013
This query is : Resolved
Hello Experts
My father had construction material and he is staying in city ‘thane’ and the material was dispatched to a supplier “A” at Mumbai & an agreement was done. My father was given monthly rent on those materials for a few months but later supplier cheated and we stopped receiving rent. On repetitive chase, we came to know that supplier had further rented material to a 3rd party who had ditched on the payments to the supplier.
The agreement between my father and supplier “A” had two conditions as follows:
1. the material will not be transferred to any third party
2. all disputes for money & material will be settled through arbitration.
This supplier has cheated us, there is a breach of contract too. Equally the supplier has filed a private suit against the 3rd party for recovery of his money where my father is not a party.
Please assist me with below 2 points:
1. Can my father add himself as an obstructionist or as a new party in the suit between supplier & 3rd party as his material was secretly given to 3rd party. This suit is at Mumbai
2. Can my father file arbitration proceeding at Thane (reference section 20 CPC which states part of cause of action at Thane as material is supplied from Thane & my father stays at thane)..All other legal formalities of earlier agreement were done at Mumbai.
Please advise
Kuummaar AS
(Expert) 27 April 2013
1. No.
2. As per terms of Agreement.
R.K Nanda
(Expert) 28 April 2013
consult local lawyer.
Dr V. Nageswara Rao
(Expert) 28 April 2013
Point2. CPC does not apply to arbitration proceedings under the Arbitration and Conciliation Act, 1996.
What does the arbitration agreement provide for regarding venue of the arbitration proceedings?
Do as advised above.
Divya
(Querist) 28 April 2013
Hello Sir (Dr. V. Nageswara Rao)
Arbitration agreement is silent about the place of venue where proceedings can be carried out.
Thankyou
Dr V. Nageswara Rao
(Expert) 28 April 2013
Consult a local lawyer who is good in arbitration matters and take steps to initiate arbitration proceedings.
Raj Kumar Makkad
(Expert) 29 April 2013
I also concur with the advice fo the experts.
Guest
(Expert) 10 December 2014
Well advised by Experts
Anirudh
(Expert) 10 December 2014
YES, GET COMPLETELY EXPOSED. YOU CANNOT HIDE ANYMORE WITH YOUR FALSE PROFILE.
THIS SORT OF GIMMICS WILL NOT WASH AWAY YOUR FALSE AND FRADULENT PROFILE.
A YEAR OLD QUERY.
THE NEW RIP WAN WINKLE HAS WOKEN UP!
THIS GOOD FOR NOTHING FELLOW IS TRYING TO RIDE ON THE EXPERTISE OF OTHER EXPERTS THAT TOO AFTER AN YEAR!
DESPERATION IS SHOWING ON THIS FELLOW.
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927
Therefore, before taking advice, the querist should be too careful
