Need help
Bulu
(Querist) 04 September 2014
This query is : Resolved
1) I had executed an agreement having deed no. ----/12 dated 29.02.12 for purchase of a residential space for building construction on 29.02.2012 between landowner- cum- builder Mr IM and myself, Mr. PD. I had paid Rs. Six lakhs fifty thousand (Rs. 6,50,000/- )as a advance towards the same
2) Due to some personal reasons, I had cancelled my agreement by way of lawyer notice on 11.04.2012 which was as per agreement clause number 19 “That in case this agreement becomes void or is cancelled by either party, the claim of the Second party shall be limited only to the amounts paid minus the 15% cancellation charges per annum and is cancelled by first party then first party wiil pay15% cancellation charges per annum to second party.
3) But Mr.IM refused to make any payment lawyer notice and I was forced to proceed for arbitration as per clause number 20 “ any dispute arising out of this deed shall always be mutually resolved in a spirit of good faith; or it will be resolved by arbitration as per law.”
4) On advice of my advocate, Mr. AB , Mr. CD was appointed as arbitrator. Likewise, Mr.IM also appointed a lawyer and an arbitrator for the same.
5) I had sent one Arbitration notice -01to Mr.IM addressing to my Claim before the Arbitrator
6) Likewise, Mr.IM also Submitted his claim Arbitration notice -02 before the Arbitrator
7) In response to arbitrator requirement I had submitted my evidence lead before the Arbitrator
8) But Mr.IM did not submitted his evidence lead
9) On 10.11.2013 advocate AB and Mr CD has resigned due to certain difficulties
10) I proceeded to another advocate Mr EF, he advised me to file lawsuit (1) file 420 case (2)consumer case for which I did not fully agree. . He asked me to pay for this cases as he had prepared the paper
11) Advocate Mr EF informed me that wrong procedures were being followed previously and he would proceed through the court
12) Mr EF gave me a case number Mis(Arb) ---/2013, Additional session judge -01 and told me hearing was done ------2014
13) On 19.12.2013 Mr EF raised the petition
14) Likewise, Mr.IM also raised objection
15) Mr EF has resigned on 24.08.2014due to certain difficulties and
Mis(Arb) ---/2013 was dismissed due to non presence of lawer from my side
Please let me know
1) Can I directly appeal to high court for appointment of arbitrator (judge) so solve my case
2) Or I have again appoint one advocate and arbitrator in place advocate AB and Mr CD and have to wait until any dispute arises between my new arbitrator and builder arbitrator
ROHIT SHARMA
(Expert) 04 September 2014
Dear Mr. Bulu,
1. Yes, you can file petition for such arbitration before the high Court.
2. This time find a loyal advocate. It looks like the other party is cunning and can manipulate the prior arbitrators and the advocates.
3. You can discuss the case matter with this lawyer.
Bulu
(Querist) 04 September 2014
Any more comment
T. Kalaiselvan, Advocate
(Expert) 07 September 2014
It appears from your contention that both the previous arbitrators have either been purchased by the other side or they were incapable to handle the issue. If you intend to prefer appeal before the high court it is your choice, or else you can restore the same by engaging another lawyer in the same court, you can file a petition to set aside the dismissal order and restore the case.
