PETITION FOR SELECTING OF AN ARBITRATOR[CD1]
Special Suit No. ...............................................
of...........................................
Before the High Court at ……………………………………………………………………………..
In the matter of an application under section 8 of the Arbitration and
Conciliation Act 1996
M/S…………… …………………………………………..at ……………………………….
………………………………………………………………..Petitioner
VERSUS
M/s…………………………………………………………………………...
……………….
Respondent
To
The Hon'ble Mr. ..................................................... Chief
Justice with
His Companion Justices of the said Hon'ble Court
The petition above named of ………………………………………………..construction., most
respectfully
Showeth:
1. Petitioner entered into a contract with the respondent for building of some
flats on terms/conditions having in an Agreement dated ………………..
2. Petitioner on completion work and offering handing over of flats and
demanded from the respondent payment of final bill.
3. The respondent did not pay the outstanding amount knowingly and petitioner
according with the arbitration clause in the agreement referred the
controversies for arbitrating of Mr ………………………..…………. Advocate and served notice
accordingly to respondent.
4. Said notice remained unrepelled and the arbitration proceedings could not
begin.
5. Petitioner has now been served with a Summons for appearing and defending a
suit as filed by the respondent for damages against the petitioner for
contravening the said contract.
6. Petitioner has to enter appearance and file statement in the said suit.
Petitioner says that the said suit covering the contract for building of flats.
Which work the petitioner has completed and presented the final bill but
payment has not been received. The controversies and disagreements emerge by
and between the petitioner and respondent concerning the building also with
payment of bills of petitioner.
7. Owing to arbitration clause in said contract petitioner duly gave a notice
on the respondent and appointed the Advocate being sole arbitrator.
8. Petitioner was willing and still ready to get the controversies and
disagreements decided by the Arbitrator to be appointed under the Arbitration
Clause in the agreement notice whereby was served on the respondent. However
due to not appointing the sole Arbitrator as said by petitioner, the Hon'ble
Court will be pleased to appoint an Arbitrator per section 11 of the
Arbitration and Conciliation Act 1996.
9. Petitioner says that per facts and circumstances of the case the proceedings
in the said suit be stayed. Arbitrator be appointed to settle the controversies
between the parties relating to said suit and Award be passed.
10. Unless orders are
passed as prayed for petitioner will sustained loss with prejudice.
11. This application is made bona fide with interest of justice.
Petitioner hence humbly prays Your Lordships with following orders:
(a) Staying further proceedings in the above suit;
(b) An Arbitrator be
selected to settle the controversies emerged in the suit or otherwise in the
arbitration proceedings;
(c) Costs of this
application become the costs in the arbitration proceedings;
(d) Subsequent orders be passed and instruction be given as this Hon'ble Court
may deem proper and fit.
And petitioner, as in duty bound, shall ever pray.
Verification [CD2]
(1) I being ……………………………….………. construction, and a principal officer and a
Constituted Attorney. I know and I have made myself acquainted with the
facts/circumstances of the case and I can depose thereto. I am competent to
affirm and do hereby affirm and declare and verify on behalf of the
petitioner.
(2) The statements having in paragraphs 1 to 11 of above petition are true to
my best knowledge basing on records kept by the petitioner and believed by me
to be true.
Solemnly affirmed on oath by the said Mr......... Pertaining to a Board
Resolution dated ......... of construction India Private Ltd. in the Court of
………………………. on this ............. day of ……………….
Deponent
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