APPLICATION FOR SETTING ASIDE AN AWARD[CD1]
In
the High Court at Calcutta Ordinary Original Civil Jurisdiction
In the matter of:
The Arbitration & Conciliation Act
1996 And
In the matter of:
An application under section 34 of the
said Act
And In the matter of:
An Arbitration Agreement contained
in the Contract No. 3 dated And
In the matter of:
Builders India Private Ltd., a company
registered under the Companies Act 1956 and carrying on business at 7A, Camac
Street, Mumbai 700 016
Petitioner
versus
Eastern India Enterprise, a company
registered under the Companies Act 1956 and carrying on business at 6 S.P.
Mukherjee Road, Calcutta 700 025
Mr. D.N. Banerjee of 7 Hindusthan
Park, Calcutta 700 029
Respondents
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. By and under an agreement dated the petitioner undertook to construct
houses, flats and guest-houses, for the first respondent on agreed specifications,
terms and conditions and price.
2. Your petitioner completed the work,
obtained payment of the running bills, offered delivery of houses, flats and
guest houses and claimed payment of the final bill.
3. The first respondent raised various
minor objections with a view to withhold payment of the outstanding bills.
4. Pursuant to the arbitration clause in
the said agreement the parties herein that is the petitioner and respondent No.
1 appointed respondent No. 2 as the sole arbitrator to settle and adjudicate
all the disputes and differences, between the petitioner and the first
respondent arising out of the construction work done by the petitioner for the
first respondent.
5. The differences and disputes arose on and thereafter the same were referred to the arbitration
of respondent No. 2 on and respondent No. 2 entered into the reference on
Thereafter several sittings were held and both the petitioner and the first
respondent adduced both documentary and oral evidence.
6. Respondent No, 2 gave his award on notified the same to the parties with a copy
thereof On A copy of the Award is annexed hereto marked 'A’
The
said award is invalid and be set aside for, inter alia, the following reasons:
a. the said award deals with a dispute
not contemplated by the parties;
b. the said award deals with a matter not
falling within the terms of submission to arbitration;
c. the said award contains decisions on
matters beyond the scope of the submission to arbitration.
d. the award does not deal with issue No.
5 raised and settled.
7. The disputes referred to respondent
No. 2 for arbitration will appear from the statement of facts and counter
statement of facts. Copies of those documents are annexed hereto marked 'B' and
'C' respectively.
8. The parties raised several issues.
Thereafter respondent No. 2 settled these issues and the parties did not
object.
9. After the award is given it is found
that the award deals with issues not raised and the award omits to adjudicate
on issue No. 5 which was raised and settled by respondent No. 2.
10.Your petitioner states that the said
Award is bad in law and in fact. The said award is invalid and should be set
aside.
11.Your petitioner states that this
Hon'ble Court will be pleased to scrutinise the Award and documents filed along
with award and direct further enquiry as may be necessary and thereafter set
aside the said award.
12.Unless orders are made as prayed for
herein your petitioner will suffer loss and prejudice.
13.This application is made bona fide and
in the interest of justice.
14.Your petitioner therefore humbly prays
Your Lordships for the following orders:
a. The Award given by respondent No. 2 on
be set aside;
b. Costs of this application be paid by
respondent No. 1;
c. Further orders be made and directions
be given as to this Hon'ble Court may deem fit and proper; And your petitioner
as in duty bound shall ever pray.
Signature of the Advocate Signature
of the petitioner
for the petitioner
I,…………son
of………aged about years by occupation
service, working for gain at 7A, Camac Street, Calcutta 700016 do hereby
solemnly affirm and say as follows:
a. I am the Manager of Builders India
Private Ltd. and its Principal Officer and Constituted Attorney. I know and I
have made myself acquainted with the facts and circumstances of this case and I
am able to depose thereto. I am authorised and competent to verify the
aforesaid petition and I do verify the same on behalf of the petitioner.
b. The statements contained in paragraphs
1 to 15 hereinabove are true to my knowledge based on information derived from
records maintained by the petitioner company and I believe them to be true.
Solemnly affirmed by the said Mr………….pursuant to Board Resolution dated of the Builders India Private Ltd. in the
Court House at Calcutta on the 15th day of December 1999.
Before me Commissioner
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