Legal Question in Landlord & Tenant Law in India

I had entered into a leave and license agreement with a government local authority for property of the govt. for conducting business. The local authority did not allow me to use the property for a few months and continued charging a rent for those months.

I objected to the making the rent payment for such months and the local authority took forcible possession of the property and damaged my goods.

I want to claim 1.5cr loss against the authority. Property is located at Vashi. There is arbitration clause in the agreement.

Can I approach a court instead of going in arbitration?

Thanks alot


Asked on 12/21/15, 8:43 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

Once there is arbitration clause, you are supposed to invoke the Arbitration Clause and pursue arbitration remedy only. You cannot file a civil suit. If you file a civil suit, then the other side will move application u/s 8 of the Arbitration Act, and would ask the court to refer the matter to arbitration and proceeding will be stayed.

However, there is an exception of underlying fraud to the aforesaid principle.

Let me know should you have any questions.

VIvek N Mapara

vnmlaws.com

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Answered on 12/22/15, 1:31 am


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