Can i transfer the case in civil court which is already filed in arbitration
Sadhana Patil
(Querist) 29 July 2013
This query is : Resolved
the two partners made an partnership deed and entered into an agreement (development agreement)as per the clause mentioned in partnership deed plaintiff have filed the case in arbitration. The clause is like that, if any disputes arises between the contract, both the partners will settled the matter or dispute through arbitration as per the arbitration and conciliation act. But the one partner (plaintiff) is not satisfied with the arbitration proceedings. even the plaintiff wants to complete the contract as per the agreement. And the plaintiff want stay on the suit property till the pending of the suit. so he moved to the civil court for the specific performance. Can he file the suit for Specific Performance in civil court when the clause is mentioned in the agreement that - if any dispute arise between the two parties, the dispute will be solved through the Arbitrator via Arbitration and conciliation act. can he file the suit in civil court. please advise me.
Isaac Gabriel
(Expert) 29 July 2013
It is for the parties to the agreement either to settle by Arbitration or seek legal remedy through court.
Devajyoti Barman
(Expert) 29 July 2013
If there is arbitration clause and one party party seeks to invoke the clause then the case is mandatorily liable to be referred to arbitrator.
R.K Nanda
(Expert) 29 July 2013
no, suit cannot be filed in court.
Rajendra K Goyal
(Expert) 29 July 2013
Agree with the expert Devajyoti Barman ji, nothing more to add.
