PETITION FOR APPOINTMENT OF AN ARBITRATOR[CD1]
Special Suit No...........
of..............
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 8 of the Arbitration and Conciliation Act 1996
And
Builders India Private Ltd., a company
registered under the Companies Act 1956 and carrying on business at 7A, Camac Street,
Calcutta 700 016
Petitioner
versus
S.N. Udyog Private Ltd., a company
registered under the Companies Act
1956 and carrying on business at 6 S.P. Mukherjee Road, Mumbai 700 025
Respondent
To
The
Hon'ble Mr..................
Chief
Justice and His Companion
Justices
of
the
said Hon'ble Court
The
humble petition of Builders India Private Ltd., the petitioner above-named,
most respectfully.
SHEWETH
1. Your petitioner entered into a
contract with the respondent for construction of certain flats and guest houses
on terms and conditions contained in an Agreement dated 5th September 1995.
2. Your petitioner completed the work and
offered delivery of flats and guest houses duly constructed and demanded from
the respondent payment of the final bill.
3. The respondent failed and neglected to
pay the outstanding amount and your petitioner in accordance with the
arbitration clause in the agreement referred the disputes to the arbitration of
Mr. Rajib Khaitan, Advocate and gave notice accordingly to the respondent.
4. No reply was received to the said
notice and the arbitration proceedings could not commence.
5. Your petitioner has now been served
with a Summons to appear and defend a suit which has been filed by the
respondent for damages against the petitioner for breach of the said contract
6. Your petitioner has to enter
appearance and file a statement in the said suit.
7. Your petitioner states that the said
suit is in respect of the contract for construction of house, flats and
8. guest houses which work the petitioner
has completed and submitted the final bill but payment has not been received.
The disputes and differences arose by and between the petitioner and the
respondent in relation to the construction and also payment of bills of your
petitioner.
9. By virtue of the arbitration clause in
the said contract your petitioner duly served a notice on the respondent and
appointed the Advocate as the sole arbitrator.
10.Your petitioner was and is still ready
and willing to have the disputes and differences adjudicated upon by the
Arbitrator to be appointed under the Arbitration Clause in the agreement notice
whereunder was served on the respondent. However because of its failure to
appoint the sole Arbitrator as stated by your petitioner, this Hon'ble Court
will be pleased to appoint an Arbitrator under section 11 of the Arbitration
and Conciliation Act 1996.
11.Your petitioner states that in the
facts and circumstances of the case the proceedings in the said suit be stayed,
an Arbitrator be appointed to resolve the disputes between the parties covered
by the said suit and the Award be made.
12.Unless orders are made as prayed for
your petitioner will suffer loss and prejudice.
13.This application is made bona fide and
in the interest of justice.
Your
petitioner therefore humbly prays Your Lordships for the following orders:
a. Stay of further proceedings in the
above suit;
b. An Arbitrator be appointed to resolve
the disputes raised in the suit or otherwise in the arbitration proceedings;
c. Costs of this application be the costs
in the arbitration proceedings;
d. 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.
I,……………..son
of…………….aged about years, working for
gain at 7A, Camac
Street,
Calcutta 700016 do hereby solemnly affirm and say as follows:
I
am the Manager 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 competent
to affirm and I do affirm and declare and verify on behalf of the petitioner.
The statements contained in paragraphs 1 to 11 of the foregoing petition are
true to my knowledge based on records maintained by the petitioner and believed
by me to be true. Solemnly affirmed by the said Mr …………pursuanto a Board Resolution
dated of Builders India Private
Ltd. in the Court House at Calcutta on ………this day of November 2005.
Before
me Commissioner
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