Application for Cancellation of Arbitration Agreement[CD1]
In the High Court at Calcutta Ordinary
Original Civil Jurisdiction In the matter of Arbitration and
.................................................. Conciliation Act 1996
And
In the matter of an application under
section 7 of the said Act
.................................................. And
To,
The Hon'ble Mr. .....................
Chief Justice and His Companion
Justices of the said Hon'ble Court
The humble petition of the petitioner
above-named most respectfully
SHEWETH:
1. Your petitioner received on 15th
November 1999 a notice dated 10th November 1999 from the respondent requesting
the petitioner to appoint an arbitrator under an alleged Agreement of
Arbitration contained in a Contract No. 3 dated 5th September 1995.
2. Your petitioner states that the
alleged agreement to refer disputes to arbitration was invalid and not binding
on the petitioner, inter alia, for the following reasons:
(a)
.........................................................
(b)
...................................................
3. Your petitioner states that the
subject-matter of the alleged disputes between the parties is within the
jurisdiction of the Court at Mumbai.
4. Your petitioner reasonably apprehends
that if the said agreement is allowed to remain outstanding further proceedings
may be taken by the respondent pursuant to the said notice or otherwise and in
that event your petitioner would be seriously prejudiced.
5. The existence and validity of the
alleged Arbitration Agreement alleged to be in possession of the respondent
have to be determined by this Hon'ble Court on production thereof by the
respondent.
6. The respondent be directed to produce
the alleged Arbitration Agreement before this Hon'ble Court for scrutiny and
for cancellation.
7. Unless orders are made as prayed for
your petitioner will suffer loss and prejudice.
8. This application is made bona fide and
in the interest of justice.
Your petitioner therefore humbly prays
to Your Lordships for the following Orders:
a) Direction on the respondent to produce
the Arbitration Agreement to this Hon'ble Court;
b) Declaration that the said Arbitration
Agreement is invalid, void and of no effect;
c) Cancellation of the alleged
Arbitration Agreement as a nullity;
d) Direction that the said notice dated. is invalid, void and of no effect;
e) Injunction restraining the respondent
from giving any effect or further effect to the said notice;
f) Costs of this application be paid by
the respondent;
g) Further Orders be made and directions
be given as to this Hon'ble Court may deem fit and proper to afford complete
relief to your petitioner.
And your petitioner as in duty bound
shall ever pray.
Signature of Advocate
for the petitioner Signature of petitioner
Verification
I,
................................................... son
of.................................
.................................
aged about years, by occupation
service, working for gain at
7A,
Camac Street, Calcutta 700 016 do hereby solemnly affirm and say as follows:
I
am a Director of Builders India Private Ltd. and a principal officer and a
Constituted Attorney. I know and I have made myself acquainted with the facts
and circumstances of the case and I am able to depose thereto. I am authorised
and competent to verify and I do verify the aforesaid petition on behalf of
Builders India Private Ltd.
The
statements in paragraphs 1 to 8 herein are true to my knowledge based on
information derived from records maintained by the petitioner Builders India
Private Ltd. and believed by me to be true.
Solemnly
affirmed by the said Mr.....................................
..................pursuant
to a Board Resolution dated. of Builders
India Private Ltd. in
the
Court House at Calcutta this. day of November 1999.
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