Dear sirji,
One of the partner has encashed huge amounts in to his firm account and personal account and has misappropirated in his personal uses and purchased a flat property by entering into a agreement of sale and made me also witness and took a loan on it and gotted it registered in his name after comming to know about he cheating us we filed a criminal complaint wherein he was arrested and remanded to jail in the mean time we also filled a O.P u/s 9 of arbitration act, praying for intrem custody of property where in after he being enlarged on bail filed a counter in the O.P and sold the flat to third party through a registered sale deed and till date OP and criminal case is pending. Where in we have all documentary evidence showing he purcashed the flat using our moneys,
Can i now file for cancelation of sale deed or wait till some degree is given and if i file for cancelation of sale deed is the suit maintanable and under what sections shall i fil the suit.