Sec 9 and sec 11 of arbitration
Priyanca
(Querist) 09 March 2016
This query is : Resolved
Is it possible to get different reliefs over the same matter between same parties by filing one application under sec 9(interim)arbitration for a stay order over the plot and simultaneously another application moved under sec 11 of arbitration and to refer the dispute for arbitration for a single flat?????
Here Both Plot and flat are subject matter of same property.
Plz help????
P. Venu
(Expert) 10 March 2016
Please post the compete facts.
Priyanca
(Querist) 10 March 2016
Thank you Mr. P. venu for your prompt response.
The situation is that agreement which held between the parties contains arbitration clause for a said flat only and the application the opposite party is moving is seeking for a stay order over the entire plot under section 9??
is it possible that when arbitration is for a flat as per agreement so how can one file sec 9 application seeking stay over the entire plot??
Rajendra K Goyal
(Expert) 10 March 2016
All the documents and the agreement in toto need to be referred, consult local lawyer.
DR.VEDULA GOPINATH
(Expert) 10 March 2016
Dear Questioner
Sec 9 is meant for interim measures
Sec 11 shall be for appointment of arbitrator
Subject matter as mentioned is PLOT vs flat
Interested parties for the Plot may be more whereas Flat matter interested parties may be less.
Thus legal issues under these two sections may be different.
In case of filing of two different petitions under sections 9 and 11 separately.
The Hon. Court shall view the matter by clubbing the two cases together.
The Plot owner interest is more than the interest of the flat owner.
Filing can be done but ONE RELIF SHALL BE GIVEN BY HON. COURT BY HEARING ALL THE INTERESTED PARTIES TOGETHER.
Please send the agreement containing arbitration clause for my study and further advice
DR VEDULA GOPINATH ARBITRATOR
vgnath@gmail.com
H.M.Patnaik
(Expert) 10 March 2016
Pl. respond to Mr. Gopinath for proper advice.
Dr J C Vashista
(Expert) 13 March 2016
Reply the questions raised by expert Dr Vedula Gopinath
