• Award passed by private Arbitral tribunal Jodhpur

Dear sir/madam,

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:

Notice
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.

2.4.2016                                                                                     registrar 
                                                                              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

With regards,
Asked 6 months ago in Property Law from Jodhpur, Rajasthan
Religion: Hindu
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. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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 

Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
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



T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
Hi, 
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. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
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. 
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0

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