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Sir, Let me share a few details. We had let out a premises for commercial showroom. The Agreement lease period is over. We had sent a notice to tenant to vacate and handover the premises one week prior to the expiry of Lease period after settling all pending dues to us.The tenant is still occupying the premises, 2 months, even after expiry of lease period and not paid the pending dues. Need clarification and advice regarding the above issue. 1. There is a Arbitration clause in the Agreement. After the expiry of lease period, is Arbitration clause valid and Is it mandatory to go to Arbitration court first ( even after the expiry of Lease Agreement )and then go for regular court ? If so based on which section/article no.? 2. Generally Arbitration court means additional financial implication or can we go to civil court directly . 3. On what basis the quantum of fees for Arbitration court is fixed? 4. Is it shared by tenant and landlord? 5.Will Landlord get the refund from tenant if Judgement is in favour of landlord.6. Should we pay any amount as Fees to civil court for recovery of pending dues if Arbitration is not acceptable?. 7. The pending dues is more than security deposit / advance amount with us. Please guide.

A. Dear Sir,
Never go for Arbitration and it will always in their favor. File a summary civil suit of eviction and get deposit the arrears of rent otherwise they have no right to contest the case. Please give me Rank 5 if you feel my answer helped you
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#whether arbitration can be taken up for all above categories of questions as the majority shareholder acting roughly against minority shareholder

A. Hi
You should be aware that minority share holders generally complain of mismanagement, oppression and unfair prejudice against the majority share holders and these complaints are generally triable at National COmpany Law Tribunal under sections 241-245 of companies act.
Supreme court had in Ayyasamy vs Paramasivam had observed that disputes which are within the exclusive jurisdiction of specialized tribunals to the exclusion of ordinary civil courts in pursuance of a specific social
objectiv ...ReadMore
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Anonymous

Posted 2 months ago

I had joined in part time job which is based on home so I did not complete my task in particular time or I have failed in QC report so they asked me to pay the 5500 rupees of compansation to company for not doing job correctly so I have paid it after 1year I got a message from arbitration i.e ""Mr/Ms. Name , hard copy Notice of your ?Breach of Contract? case under the Section- 73&74, has been dispatched at your address, which will be delivered to you within 72 working hours. Feel free to call at ********** for any assistance as Government has appointed Public Prosecutor to work in your favor. "" This is the message I got can u please help me of solving this matter

A. Such type of frauds are playing at large on youth these days, check for the authentication,
I advise you to send a mail stating you can't do the work due to some reason, and if they made any demand for money then make a police complaint against the company for extortion of money and mental harassment
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Siddharth  Srivastava
Siddharth Srivastava Experience: 28 Year(s) New Delhi
J S  Pawar
J S Pawar Experience: 4 Year(s) Mumbai
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
I consultant to a doctor ( MBBS ) from panchkula through lybrate online platform app for related to sexcual problem (ED). Dr said to me you have to take medication for 45 days amount of 4500/-and send medicine with advice and a latter pad for 45 day. But after 15 day used the medicine , I have no even a single improvement. I have no benefit and inspite of this its has disadvantage on my health. I were proper fit without medicine. But after take medicine I have loss my health. When I call to Dr about not benefit and remaining medicine which want to send him. Dr said I can not give refund of remaining medicine ( 30 days) . He denied refund money . I have latter pad with precription there is no refund policy mention on this.now can I take a legel action for this to get money . Plz advice me.

A. Dear Client
Since there is no return policy is mentioned in your agreement so you cannot ask him to refund since you both did not discuss about refund. But you can file a cheating case on him since he assured that medicine works well on you.
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I have to receive some amount from a company and they have made with me an agreement that any dispute arises it should be in Bombay court only and all the transations are done in my place only after i file the case in Adalath the company people attndedin my place twice and after i filed the case they have raised a debit note and asking that i have to pay the moneyn and they have not showed any due from me from previous years statement of account and they are showing only after i have filed in adalath court and in adalath court the judge told the company to settle the money but the have not done, so i have filed the suite in my place and now they are asking to dismiss the case asthe agreement done by me as the suite to be filed in Bombay court only so please advise me as i heard that Jurdiction can not be fixed by any one even though the agreeent done

A. it is difficult to answer your question without seeing the documents
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I have received a arbitation notice from Delhi.. asking me to present there. I have os of Rs 1.81 Lacs failed to payments due to financial crisis. I stay at kolkata. how could I move or survive from the same.

A. You can appoint a lawyer at Delhi who can represent you in arbitration proceeding.
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Chitra  Sundar
Chitra Sundar Experience: 8 Year(s) Thane
Thulasiram  S(STR)
Thulasiram S(STR) Experience: 1 Year(s) Hyderabad
Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
Dear Sir/Madam, For the FDP, Family members all went to bangalore mediation center in the year of 2008. In the mediation court, all parties compromised, except expartee person. Is possible can we get the mediation report from bangalore mediation center. Is the mediation matter will be recorded in the mediation center . Please advise. Thanks,

A. Yes, you can. apply for certified copy mentioning your case details.
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Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
J S  Pawar
J S Pawar Experience: 4 Year(s) Mumbai
Dear Sir/Madam, For the FDP, Family members all went to bangalore mediation center in the year of 2008. In mediation court, all the parties compromised, except expartee person. Is possible can we get the mediation report from bangalore mediation center. Is the mediation matter will be recorded in the mediation center . Please advise. Thanks,
Effective date of Agreement is 6 July 2018, Agreement was sent by post on 7 July 2018 bearing Signature on First party. Second party received the same on 12 July 2018. Signed it on 12 July 2018 & sent it back to them on 13 July. In that agreement 1. second party was supposed to give them list of schools (500 in number) by 4 July 2018. 2. On signing of agreement 20 % of final payable amount was to be given by First party to second party. point 1. First party gave only 495 names of school to first party. Point 2. Second party didn't paid the consideration. Latter they worked & gave the list of schools Now First party says Second party breach the contract My simple question is who breached the contract on first instance

A. Kindly provide the documents and only then I can tell you.
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Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
If a case adjudicate or pending in consumer court then op can refer me to arbitration as per agreement clause

A. YES.
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