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SUNDEEP   15 January 2009 at 14:20

Arbitration and conciliation Act 1996

To all Happy New Year
I was working with a company with whom at the time of joining I have signed an agreement on company letter head where one clause was that in case of dispute the arbitrator shall be appointed by the chairman of the company. Later on teh company has broke teh agreement signed tehrefore I also quit the company. Now the company is allegating me for broking he agreement. When I refused to pay for the compensation the company suo moto has appointed an arbitrator. I dont know what is the fees amount to be paid or what is the agreement with the company for such appointment. Now I have received a letter from the arbitrator that the 50% of the arbitrator has to be paid by me.
My stand is that the appointment of arbitrator is without my knowledge. The only letter recieved by me was that when the arbitrator has already been appointed. Also I dont know the fee to be paid to arbitrator. So how can i be made responsible for paying cost of arbitration.
Is thia true that the party seeking arbitration has to pay the cost of arbitration. There was no such clause in joining agreement as to cost of arbiration, i.e. who will bear the cost.
Can any body suggest me or the reference to act or relevant case law or section applicable to such situation.

I will wait for reply.
Thanks


J. P. Shah   15 January 2009 at 12:13

TIME LIMIT

SUPPOSING A COMPLAINT IS FILED WITH THE CONSUMER FORUM AGAINST ACTION OF A BANK. AFTER A YEAR OR SO, THIS FORUM DECIDES THAT IT HAS NO JURISDICTION IN THIS CASE. THE CASE SHOULD HAVE BEEN FILED IN DRT. NOW TIME LIMIT FOR FILING CASE IN DRT HAS ALREADY EXPIRED. IS THERE ANY LAW OR JUDGEMENT BY WHICH TIME SPENT IN WRONG COURT CAN BE EXCLUDED WHILE CALCULATING TIME LIMIT FOR NEW TRIBUNAL/COURT.

Legal Fighter   14 January 2009 at 21:26

Need a Very Good Counsel in Noida

Hi,

I need a very good counsel for filing a declaration of title suit in noida court. please let me know contact number for the same.

thanks & regards,
manish

DHAVALCHANDRA DOSHI   13 January 2009 at 21:56

Whether Tenant Can evicted now?

I have a separate ownership property on ground floor of residencial use.However I have rented out the same for computer class and educational Purpose.Now upper floor resident apartment holder asked court to give Injection to run the same.

Can court give injuction to evict the Tenant directly or the apartment holder apply proper proceedure to evict them?

ponnala   13 January 2009 at 09:48

Applying for Succession in a civil Court.

Respected Forum members,

I am a Hindu, from AndhraPradesh State.Am married, in the year 1978.My father died in the year 2003.My father wrote a will bequeathing all the property on my brother and his siblings name.The property,so willed is Ancestral.

In the above condition can i approach a Civil Court for Issue of Succession certificate on the names of my Brother and Myself? Can I claim my Share under" HINDU SUCCESSION ( Amendment) Act 2005,under Sec. 6."/OR go for the PARTITION of Property?

What is the Procedure to be adopted? Is there any Fees to be paid(to the Court)? Kindly GUIDE me. Matter is very Urgent please!

Thanks in advance...

Kunal Jobanputra   11 January 2009 at 18:02

Order 7 Rule 11 of CPC

Order 7 Rule 11 of C. P. C. applies to the suits only or it also applied to Applications like fixation of Standard Rent under Bombay Rent Act or other similar applications.? If it does applies to applications also can i have any Reported Judgments on this point?

M.Sahul Hameed   11 January 2009 at 11:41

Order 21 rule 90

In execution proceddings the immovable property (one residentce building)was sold in a public auction to the satisfy the decree in execution, before confirmation of sale one of the creditor of the judgement debtor filed sale setaside for the reasons is that Material irrugalarity and also stated that he entered a register sale agreement Northern portion and another entered into a register sale agreement southeren portion prior to the attachment after that he filed specific performance suit and exparte decreed and execution petiion is pending.
My question is that 3rd party can file a sale set aside petition o ground of raising material irregularity.
if No is there any judgement on that aspect, and also i need a copy of Judgement delivered by calcutta High Court and reported in Air 1927 Page 82 Culcutta high Court.

Arsshdeep   10 January 2009 at 10:32

forced to get out of the house

Dear sir/madam

the house is in the name of my grandmother,she is planning to file a suit against me ,for me to leave the house.i am living with my parents and grandparents,i am unmarried.they want to take plea on the basis of being a senior citizen.

Lokesh Kumar V   10 January 2009 at 00:19

whether Review against the judgment and decree passed in suit can be moved if there is a stay of all further proceedings in suit?


suit decreed.plaintiff filed review within limitation but not moved. Subsequently, the Defendant filed an appeal against the judgment and decree and obtained an order of stay of all further proceedings in suit.

I just want to know that

whether review can be moved at this stage?

does the stay of all further proceedings mean Execution proceedings only or it includes review also?

pls give opinion in this regard with citation if possible.

G. ARAVINTHAN   09 January 2009 at 19:17

How to raise an Attachment ?

In an Execution proceeding,

The 4th Judgment Debtor was a surety in a money suit.

In proceedings some one undertook to file vakalath for him and he was set exparte and his salary was now attached.

Now 60 days gone after the day of attachment. What is the remedy available to him?