Appeal against acceptance of invalid document Arbitration

Though the query is not very clar, yet I would like to point out that since the Arbitrator is appointed you make all your submissions before the Arbitrator including the questions of his jurisdiction by pointing out that you havel not agreed to any arbitration and that there is no such agreement.  In fact the question of jurisdiction has to be decided by the Arbitrator as a preliminary issue. However if you can clarify the query further it can be suitably replied.

Dear Sir,

Thanks a lot for your prompt reply and I am very grateful to you. This Arbitration case was file by Petitioner in ordr to retaliate the Respondent as the latter has complaine agains the petitioner for his illegal encroachment and unathorized construction because the Petitioner has been a great nuisance maked of throwing garbage, hurling abuses, quarrel over petty matter and calling police to harrass the Respondent. So on th complaint of Respondent his encroachment  and unauthorized construction is demolished. Hence the Petition has made forged Agreement to Sell even without knowing the said property has been already sold to the Respondent's Sister six/seven years back and also self bearer Cheque with forge wsignature and cash receipts  of four installment alleged to have made toi the Respondent, Two Witnees of his own people who has given contadictory statements (one in Respondent's favour  before the ASI-- infact i tshould have been investigated by the SI and it is the falsult of the Police  department, and second time in favour of the Petitioner and one witness is no more alive). So the Petitoner filed the above said petition and the Advocate pleaded the case of the Respondent has not done the proper objection. Hence this case went ahead. In order to make submition before the Arbitrator before the date fixed for hearing, what type of CPC or format of Application has to be made. I am attaching the corrected Court Order for your reference. Since  an FIR has been lodged and investigation is going in the lower Court on sincee 2006 what is the need to to go for further investigation in other court. That is why the respondent wants to stop this Arbiration case.Thanks a lot one again sir. This esapecially for Shri A. K. Menon Sahib.

I have gone through the order and I find it a well reasoned and fair order. The fact that the Petitioner asked for time upto march 2010 to deposit the amount indicates that he is unlikely to deposit the amount and therefore the proceedings may not commence in which case you do not have to bother.  Please note that criminal proceedings and civil proceedings can go one simultaneously.  Just because your criminal case is pending does not mean that the Petitoner cannot have a civil remedy that is why High Court has appointed the Arbitrator as the High Court itself did not want to spare time for the disputed question raised by you. Your advocate had well represented you.  Normally while filing arbitration petition no one annexex original copy of the agreement. Only copy certified as true copy by the advocate is annexed to the petition.  Therefore the contention of the Petitioner that the copy of original is lost from the court appears to be false.  Besides the certified copy obtained by him may not be of the original agreement said to have been filed by him in the court.  It may be a certified copy of the certified copy filed along with the Petition.

I doubt the petitioner may desposit the amount and commence arbitration proceedings.  if he does so file an application before the arbitrator decide on the genuiness of the arbitration agreement.  According to me your advocate will be able to do so.  This is not a further investigation. As mentioned High Court has not decided on the genuiness or lack of genuiness of the agreement.  Petitioner has invoked the same to avail of a civil remedy and you will have to contest the genuiness before the arbitrator.  When you will be able to stop the arbitration before the arbitrator itself by pleading to decide on the agreement as a preliminary issue why you want to hunt for some other forum which will be far more time consuming.