Can below Arbitration Award be set aside
Navi
(Querist) 15 August 2014
This query is : Resolved
We had written to Sole Arbitrator on 30-03-2013 as under
"That we had approached the office of Indian Council of Arbitration (ICA) as per clause 9 of the same agreement which was meant to be forged makes all the conditions & clauses inapplicable. This was the reason we had approached your office through our claim to direct the Police Authorities for criminal proceedings against M/s Dhoot Developers Pvt. Ltd as it is no further a civil matter.
32. That we had already supplied you with both the copies of agreement which have been scanned & forged along with RTI from Army stating that M/s Dhoot Developers had no permission to sub-contract this contract and Army had written letter dated 25-10-2011 to M/s Dhoot Developers Pvt. Ltd as per clause 47 of the agreement.
33. That the good officers of this arbitration panel is arbitrating the contents of the agreement which is voi-ab-intinto and thus, rendering the said agreement null & void for the purpose of arbitration proceedings. That as the agreement was executed by us under the false belief & inducement and the appropriate criminal proceedings have been initiated leading to registration of F.I.R. No.126 at Ferozepur Cantt under sections 420, 380, 120B, 465, 467, 468, 471 IPC against M/s Dhoot Developers Pvt Ltd. In the view of the same, the precious & valuable time and resources of this arbitration panel are liable to be wasted as arbitration is being conducted determining the contents of null & void agreement (For the purpose of Arbitration). That we believe that arbitration proceedings cannot to be continued after the facts of Cheating & forgery of agreement have been projected in the investigations of Police F.I.R. registered at Ferozepur Cantt."
Now the arbitration award states that
"The claimant had forwarded by post, its application dated 30.03.2013, stating that it does not wish to proceed further with the arbitration proceedings. The same was disposed by order dated 06.05.2013, whereby the claimant's prayer was allowed and the statement of claim was permitted to be withdrawn. It was however further held by the same order that the respondent's counter claim survives for consideration and shall be adjudicated"
Is this a valid award allowing counter claim stating claim has been withdrawn by claimant whereas claimant has stated that police has already registered FIR for forgery of agreement between parties which makes the agreement void ab intio thus, rendering the said agreement null & void for the purpose of arbitration proceedings.
Navi
(Querist) 15 August 2014
Sole Arbitrator passed exparte counter claim stating claimant wishes to withdraw claim which is false
R.K Nanda
(Expert) 16 August 2014
consult local lawyer with papers.
Rajendra K Goyal
(Expert) 16 August 2014
Consult a local lawyer and show him all the papers.
Laxmi Kant Joshi
(Expert) 16 August 2014
consult to a local lawyer with complete papers .
Advocate. Arunagiri
(Expert) 16 August 2014
When the counter claim is filed by the Respondent, the Arbitrator is having all such power to continue the proceedings.
You have to give the reply for the counter claim filed by the Respondent.
Biswanath Roy
(Expert) 18 August 2014
The drafting of your application to the Arbitrator for withdrawal of your claim was defective that is why counter claim and denial to your claim filed by the Respondent was in subsistence for disposal.
T. Kalaiselvan, Advocate
(Expert) 21 August 2014
I agree to the views of learned expert and senior counsel respected Mr.Roy sir that your application had technical defects due to which the award was passed by the arbitrator thus. The counter claim by respondent has to be considered on its merits.
