Award passed by private Arbitral tribunal Jodhpur
I purchased a land in 1993 and got registered sales deed. i got permission from municipal corporation, jodhpur for house construction. i constructed house and got water and electricity connection from govt. dept. i was living peacefully in my house.
all of sudden on 2nd april 2016 registrar of national arbitral tribunal jodhpur appears with police forces and some gundas and take away me from my house put their locks and seize my house and possession taken by tribunal registrar. they put a notice board on my house: it says like:
It is informed to all that national arbitral tribunal jodhpur, case# nat/ap/2015/25 between jitendra v/s kamla in sole arbitrator justice n.n. mathur (retd,) ordered dated 20.02.2016 to maintain , this plot# 136, hari om nagar's physical and real possession taken by registrar of national arbitral jodhpur. entrance in this plot will be taken legal action.
national arbitral tribunal jodhpur.
I am not the party not any information notice issued to me by arbitral tribunal jodhpur. tribunal refused to give a copy of this said award to me, you are not a party.
My question for above matter:
1) is arbitral tribunal has power to take my house without any charge, notice or making a party.
2) i have all legal document and registered owner of house.
3) what action i can take legal action to get back my possession.
4) is i am bound to obey arbitral tribunal orders
Asked 2 years ago in Property Law from Jodhpur, Rajasthan
You first have to approach the District and sessions court seeking mandatory injunction against the arbitral action in this regard and for repossession of your property. The title documents in your possession and in your name is the supporting evidence for the legal case that you may initiate.
You should confirm that how this arbitration proceedings was initiated and agaisnt whom
Whether your vendor has marketable title to sell this property to you
You have to approach civil court to take repossession of your property
The award by the tribunal is not binding on you but make sure that this is not under any dispute.
1) contact a local lawyer and obtain copy of the award passed for attachment of your property
2) then move HC to set aside award passed wherein your property has been attached without granting you personal hearing
Hi, Arbitrator can pass an award with respect to the disputes but award can be executed through process of the law and it has to be executed in the Civil Court.
2. You have to file civil suit for restoration of possession. You can also file a Writ Petition in the High Court.
My vendor Smt. Kamla has four plots in since 1992. She sold all plots in between 1992 to 1994 to four parties. She sold Plot#136 to me on 7/5/1993.
This is story I got form my vendor's lawyer:-
A person of land-mafia got in contact with her and got or fabricated the power of attorney (notary not registered) for plot# 136 and #137, on base he will get you some loan to start a grossary shop.
This person sold all four plots in 1.45 crore rupee to four persons (of their gang members) jointly on on single document of 100/- Rs. stamp paper (one hundred rupee only). while he has power of attorney of only two plots. The sale agreement says that any dispute will be resolved within the National Arbitral Tribunal, Jodhpur (NAT). Further this sale agreement says that vendor Kamla has received 1.35 crore of this sale and 10 lacs is pending till get the sales deed executed.
Later on these buyers file a case against my vendor smt. Kamla to execute the sales deed as per the above sale agreement by her power of attorney holder in NAT.
My vendor appeared in the NAT and said these property has already sold 25 years back and I have not issued any power of attorney to this person and I have not got said 1.35 out of this fake sales. Like this hearing goes on for next dates.
When lawyer of vendor appeared in NAT on hearing date. Court says this case is already settled. Your client has appeared in the court changed her lawyer and settlement ("RAJINAMA") has made to execute the sales deed within 3 days.
Again my vendor through lawyer appealed in NAT under sec. 34. She told that she never appeared for settlement. However NAT has passed the award in favour of mafia gangs.
We approached NAT to get Award copy, they say you are not party so award copy cannot be issued to you. Above facts we got through the documents of the vendor's lawyer.
Please reply following questions because I am lay man in law.
1. A person having power of attorney of two plots how he can sale four plots.
2. A Power of attorney attested by notary is valid document in court for judgement then what is the
use of registered power of attorney.
3. sale agreement is made for plots, while we have house and living there. My all house hold items
like bed, cooler, gas stove, ration, clothes and other items are in their lock. How NAT can seize house where agreement is sale for plots.
4. Is private tribunal is authorized to get police force to execute there award, without permission or accessing the government court. While Jodhpur is a high court and it matter belongs to Jodhpur city.
5. We are not party of the tribunal case, then how they can seize our house.
6. What power has the arbitral tribunal registrar. He can execute sales deed and cancel our existing long back sales deed.
7. How NAT can give well built house while agreement is made for plots. when agreement is made already house is constructed with all legal documents and permissions.
8. Is retired judge pass an award on agreement with 100 Rs. stamp paper sales agreement.
9. I appeal in Jodhpur High Court, Jodhpur. Hon. HC judge say "writ petition" is not maintainable in HC against "tribunal award".
10. When we are not party of the tribunal case, how we can access help of higher court to get our property back to our custody. Please provide some ref. of HC/SC judgement for sake of justice.
Asked 2 years ago
1) Vendor has to move HC to set aside award passed by arbitral tribunal
2) a person having POA for 2 plots cannot sell 4 plots
3) before 2012 it was not necessary to register POA . Notarised POA is valid
4) in case agreement provided disputes would be referred to arbitral tribunal award passed by Tribubal would be binding and can be executed
5) it is not necessary that disputes be referred to HC only
6) if plots had been allegedly sold by vendor to so called purchaser and also sold to you then you would be necessary party in any proceeding
7) if retired judge has been appointed as arbitrator he can pass award
8) writ petition is not maintainable against award
9) let vendor move court to set said award
1. This is a foul game played by the vested interests but you dont have to go behind that because that is not your concern.
2. This is also not concerned with your case so dont bother about this fraud too.
3. The action of NAT is illegal because they cannot act beyond the awarding the decree, the decree holder has to approach civil court for execution of the decree or award passed by the arbitrator. The functioning of arbitration itself is under suspicion, a complaint may be given against the arbitrator before the District judge for his excesses colluding with the so called land mafia and his arbitration is liable to be cancelled for his such illegal acts. This matter can be taken up with the high court too if the district court administration is not responding properly.
4. The arbitrator has gone beyond his powers, he cannot execute the award himself, it is the decree holder who has to follow the execution procedure as per law, so this is an illegal act.
5. You have to challenge it in the civil court
6. No, he has got no such power.
7. This is not a matter of your concern
8. It is a mater of argument in your civil case
9. You have been wrongly advised to file a writ before high court, you should have gone for appeal agaisnt the arbitral award and should have sought the stay of the execution of the award. Change your lawyer
10. You have been advised to prefer an appeal so better consult a good lawyer with more experience and handle the issue carefully so that you dont stand losing your property due to advocate's mistake
National arbitration tribunal is neither recognized or has any legal authority. It is a private entity. It is not authorised by any central or state legislation or by bar council. First file a police complaint against NAT and file a writ petition in supreme court. It is a fraud played on you big time.no wonder high court of rajasthan dismissed the petition as not maintainable.
1. It seems that you miserably failed to conduct due diligence of the proportionate degree before purchasing the property. Be that as it may, it is also possible that summons were issued to you but it was ensured through underhand means that it did not reach you.
2. Since you are aggrieved by the act of tribunal you have the remedy to challenge the same before the court. The first thing you should do is to obtain a copy of the award and the petition filed to the arbitrator. Your local lawyer should be able to obtain this. Unless these documents are obtained the exact picture will not unfold.
3. The award of the arbitrator should have been challenged in the civil court and not High Court. It was misconceived in the first place to have gone to the High Court to challenge the award. The HC rightly dismissed your writ.
4. The tribunal does not need permission of the HC or govt to execute its order through police.