Legal Question in Civil Litigation in India

My father had entered a collobaration agreement with three partners to demolish his 2 1\2 story house & construct a new house with stilt parking & four floors in a fixed period of 12months,its now more than 9 months& only parking lantern had been made & rest of the structure is in complete, the partners are left with 4months to comlete the project according to collaboration agreement,but my problem is partners have filled a suit in court for permanent injunction on my property, for which my father had not recieved any summon\ notice from court,my father is 70yrs old,builders are asking for more time, to complete the project & also they have stopped paying my rent for the period of construction, there last month cheque for my house rent also get bounced,and they refuse to pay my house rent for next four months that is upto august month accoding to collaboration agreement,the work at site is stopped from 20 december, 2010. the partners are not working due to some conflicts between the partners over money matters between partners. I want to know what will be my status after the completion of 4 months left of collaboration agreement, will i be ablle to build my house own my own, the agreement will be void,is there any way to get hold on these builders for not completing work on fixed time, & get me a compensatoin for my demolished house which is not in a living condition.can these partners be sent to jail for waistng my precious 12 months, do i have to pay any amount of money spent on constrution of parking, can they (builders) bring permanent injunction order from court, without my knowledge & acknowlegement from court of law.iam paying my house rent for past 1 month & also have to pay for another 4 months, can i also get the amount payed by me for house rent, which was to be payed by the partners in a collobaration agreement. there is one clause in our agreement,a clause of arbitration, in case of any dispute between the parties, the same shall be refered & decided by arbitrator, in view of this point can buildes ask for injunction.what i have concluded, is they (builders) are trying to by more time,because the work cannot be completed in next 4 months. what should i do?

Asked on 5/08/11, 11:52 am

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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your first remedy is appointment of arbitrators and in case you are not satisfied with the arbital aware, you may challenge in the court.

Answered on 5/08/11, 10:21 pm

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