suit for recovery/arbitration clause
vinod bansal
(Querist) 18 January 2010
This query is : Resolved
R/Members
My client who is contractor by profession constructed work for a stadium,tender was called by haryana state marketing board ,after completion of work,board has withheld payment of my client i.e. Rs. 3 lac,now after giving notice i filed a suit for recovery,board has stated in reply of legal notice that payment is pending due to want of technical sanction,there is arbitration clause in contract of work in between my client and board,i have very apprehension that board will file a application the court to refer the matter to arbitrator,i want to know whether my case/dispute is of such type which can be sent to arbitrator by the court.I want to avoid arbitration proceeding.plz advice Thanx
Devajyoti Barman
(Expert) 18 January 2010
If there is an arbitration clause in writing then the civil court's jurisdiction is barred if either of the parties invoke arbitration clause. There should not be any apprehension if so happens as the arbitral tribunal has got almost all the powers of civil court and more importantly the proceeding is more expeditious.
adv. rajeev ( rajoo )
(Expert) 19 January 2010
If there is a arbitration clause then definately defendant will file an application to refer the arbitrator.
B K Raghavendra Rao
(Expert) 19 January 2010
An application objecting for civil suit and forcing for arbitration has to be filed before filing written statement to the plaint. Otherwise, suit would continue.
