PETITION UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT 1996 FOR SETTING ASIDE AWARD[CD1]
IN THE HIGH COURT OF..........................
In the Matter of Arbitration -and Conciliation
Act, 1996
And
In the Matter of Arbitration Agreement
dated...................
Between
A B (Name, description and place of
residence)...................... Petitioner
And
C D (Name, description and place of
residence)...................... Respondent
The
Petitioner A B above named respectfully sheweth: -
1.
That an agreement dated.................. was entered between the Petitioners
and the Respondents whereby (State facts)
2
That vide the said agreement entered into between the Petitioners and the
Respondents it was agreed that in case of dispute arising between the parties
the same shall be referred to arbitration under the Act.
3.
That the Respondents invoked the arbitration clause and appointed
"SP" as their arbitrator and also appointed "XYZ" firm as
Advocates to represent them in arbitration proceedings. The petitioners
appointed "JK" as their arbitrators.
4.
That during pendency of arbitration proceedings the Petitioners came to know
that the son of "SP" the arbitrator appointed by the Respondents was
a partner in the firm of Advocates who were representing the Respondents before
the arbitrator.
5.
That the Petitioners filed an application under sections 12 and 13 of the Act
challenging the appointment of "SP" as an arbitrator and the said
application of the Petitioners was rejected.
6.
That the arbitrators made the Award directing the Petitioner to pay the amount
of claim made by the Respondents.
7
That "SP" failed to disclose that his son was a partner in the firm
of Advocates representing the Respondents in arbitration proceedings.
8.
That there has been breach of mandatory provision of Section 12 of the Act and
the entire proceedings including award made by the arbitrator is vitiated for
non compliance with the provisions of Section 12 of the Act by the arbitrator
"SP".
PRAYER
It
is therefore most respectfully prayed that this Hon’ble Court may be pleaded to
set aside the award dated.................
This
Hon’ble Court may be pleaded to pass such further order(s) as may do complete-justice
on the facts and circumstances of the case.
Petitioner
Through
Advocate
Place:...................
Dated:...................
IN
THE HIGH COURT OF...............................
Petition
No......................... /200
In the Matter of
AB.................................................
Petitioner
versus
CD..............................................
Respondent
AFFIDAVIT
I......................................................................
resident of..................... ...................................................................
do hereby solemnly affirm and declare as under-
1
That I am the............................... in this case and hence competent
to swear this affidavit.
2
That the contents of the accompanying application are true and correct.
DEPONENT
VERIFICATION
Verified
at........................ on this......................... day
of........................ ........................... that the contents of the
above affidavit are true and correct to my knowledge.
DEPONENT
CASE LAW
1
The provisions of Section 12 of the Arbitration and Conciliation Act. 1996 are
mandatory in nature and in case of breach of that mandatory provision the
entire proceedings including the award made by the arbitrator must be held to
be vitiated for non-compliance with the provisions of Section 12 of the Act by
the arbitrator.1
2
So long as composition of the Arbitral Tribunal or the arbitral procedure are
in accordance with the agreement of the parties, Section 34 does not permit
challenge to an award merely on the ground that the composition of the Arbitral
Tribunal was in conflict with the provisions of Part I of the Act.2
3.
Objections against arbitral award filed beyond prescribed period provided under
Section 34 of the Arbitration and Conciliation Act, 1996 cannot be entertained
as award becomes immediately enforceable.3
1.
Union of India v. Tolani Bulk Carriers Ltd., 2002(2) CCC 137 (Bom. ).
2.
Narayan Prasad Lohia v. Nikunj Kumar Lohia. AIR 2002 SC 1139.
3.
Jyoti Motors v. Industrial Credit and Development Syndicate Ltd.. 2002(3) CCC
72 (Guj.).
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