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Showing posts with label format. Show all posts

Monday, February 15, 2016

APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR FIXING AN ACTUAL DATE OF HEARING IN THE CAPTIONED MATTER

IN THE --------------- COURT OF DELHI AT ……….

I.A NO.       OF 2000
IN

------------. _______ OF 2000


IN THE MATTER OF:-

ABC.                                                                          Applicant

VERSUS

Xyz                                                                       …      Respondent


APPLICATION ON BEHALF OF THE PETITIONER UNDER SECTION 151
OF THE CODE OF CIVIL PROCEDURE, 1908 FOR FIXING AN ACTUAL
DATE OF HEARING IN THE CAPTIONED MATTER

MOST RESPECTFULLY SHOWETH

1. That the Petitioner has filed the accompanying Petition under Section --
of t-------------------- Act, 19-- challenging the Arbitral Award
dated --------and also the order dated ------------------- passed by the
Arbitral Tribunal on the application filed by the Petitioner under Section
---) of the------- Act, 19-- (said act). The
contents of the accompanying Petition be read as part and parcel of the
present application also, which are not repeated herein for the sake of
brevity.
2.  Pursuant to the completion of pleadings by the parties, in terms of the
directions given by the Court to the parties, both the parties have filed
their detailed Written Submissions before the Court pertaining to the
'
disputes involved therein. Thereafter in terms of the order dated
------------, the counsels appearing for the parties to file an agreed set
of documents by way of a convenience file, which was also filed by the
parties .
3. Thereafter the matter was fixed on various dates for final arguments and
disposal but the same could not be heard by the Court.
4. The matter was lastly fixed on ----------- for arguments and disposal,
on which date the matter was directed to be listed in the category of
"Finals" by the Court.
5. In terms of the "Finals" List, the captioned matter is not being reflected
and therefore the present application is being filed for listing the matter
on an actual date of hearing for final arguments and disposal. Since the
Written Submissions as well as a Joint Convenience file has already been
placed on record by both the parties, the disposal of the captioned
matter could be expedited.
6. The present application is bonafide and in the interest of justice and
equity.

PRAYER
WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be
pleased to:-
a) fix an actual date of hearing in the captioned matter.
b) pass any other order(s), which this Hon'ble Court may deem fit and
proper under the facts and circumstances of the present case.


PETITIONER/ APPLICANT


THROUGH                                                 
Advocate

Place
DATE:



Monday, February 1, 2016

APPLICATION UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE FOR SEEKING DIRECTION AND PERMISSION TO SERVE THE RESPONDENT ON ALTERNATE ADDITIONAL ADDRESSES

IN THE --------------- COURT OF DELHI AT ……….

I.A NO.       OF 2000
IN

------------. _______ OF 2000


IN THE MATTER OF:-

ABC.                                                                          Applicant

VERSUS

Xyz                                                                       …      Respondent


APPLICATION UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE FOR SEEKING DIRECTION AND PERMISSION TO SERVE THE RESPONDENT ON
ALTERNATE ADDITIONAL ADDRESSES


MOST RESPECTFULLY SHOWETH

1. That this Hon'ble Court has been pleased to issue fresh notice to Respondent by all modes vide order dated  ……………… passed in the present matter.
2 That the Petitioner has come to know that the Respondent Company has the following alternative addresses from where it functions/operates:-
…………………..
…………….

3. That it is imperative that for effective service of Notices of present Petition upon Respondent it is expedient that the Petitioner be permitted to serve the Respondents at new
given addresses as above stated in addition to the one given in the memo of parties.
4. That the present application is being made bonafide and in interest of justice and therefore is liable to be allowed.

PRAYER
It is therefore most respectfully prayed that this Hon 'ble Court may graciously be pleased to :-
i) Permit the Petitioner to serve notice freshly on correct additional addresses of Respondent as given in Para 1 herein above.

ii) Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in the interest of Justice

PETITIONER/ APPLICANT


THROUGH                                                 
Advocate

NEW DELHI

DATE:

APPLICATION ON BEHALF OF PETITIONER UNDER SECTION 151 CPC READ WITH ORDER VI RULE 17 FOR CORRECTION AND ADDITION IN THE SECTION 34 OF ARBITRATION AND ACT, 1996.

IN THE --------------- COURT OF DELHI AT ……….

I.A NO.       OF 2015
IN

------------. _______ OF 2015


IN THE MATTER OF:-

ABC.                                                                          Applicant

VERSUS

Xyz                                                                       …      Respondent


APPLICATION ON BEHALF OF PETITIONER UNDER SECTION 151 CPC READ WITH ORDER VI RULE 17 FOR CORRECTION AND ADDITION IN THE SECTION 34 OF ARBITRATION AND ACT, 1996.


MOST RESPECTFULLY SHOWETH:

1. That the petitioner has filed above mentioned petition which is pending before this Hon'ble Court.
2. That due to inadvertence certain corrections and additions in the petition has been left, therefore the petitioner seeks permission to make necessary corrections and additions in the petition stated as under:
……….

3. That the prayer clause (a) may kindly allowed to be corrected as under:…….

4. That 'it is in the interest of justice to allow the petitioner to make aforesaid corrections and additions.
PRAYER

It is most respectfully prayed that this Hon'ble Court may kindly allow the petitioner to make aforesaid corrections and additions in the petition.


PETITIONER/ APPLICANT


THROUGH                                                 
Advocate

NEW DELHI
DATE:



REPLY ON BEHALF OF THE RESPONDENT TO THE PETITION UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT 1996

IN THE --------------- COURT OF --------- AT …………..

I.A NO.       OF 20--
IN

------------. _______ OF 20--


IN THE MATTER OF:-

ABC.                                                                          Applicant

VERSUS

Xyz                                                                       …      Respondent


REPLY ON BEHALF OF THE RESPONDENT  TO THE PETITION UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT 1996

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTION:

1. The present petition filed by the petitioner is not maintainable in its present
form and is liable to be dismissed at the outset. The petitioner has not
approached this Hon'ble Court with clean hands and has suppressed the
material facts as such the petition deserves to be dismissed on this ground
alone.
. 2. That the petitioner has presented the instant case based upon false, frivolous
and fabricated documents before this Hon'ble Court and hence the petitioner
is liable for perjury.
3. That the petitioner in the present case is liable for suggestion-veri and
suppresio-falsi which is evident from the contents of the present petition
filed by it before this Hon'ble Court.
4. That there is no privity of contract between the petitioner and answering
respondent and therefore there is no question for the present petition being
maintainable in the eyes of law.
5. It is a settled law that for the purposes of seeking any relief under Section 9
of the Arbitration and Conciliation Act, 1996 there must be a valid and
subsisting arbitration agreement between the parties, however, in the present
case there is no valid and subsisting arbitration agreement between the
petitioner and the answering respondent and infact the petitioner and the
answering respondent have not entered into any Contract with each other for
any work whatsoever. A bare perusal of the petition would clearly
demonstrate that the petitioner has no privity of contract with the answering
respondent and the petitioner has even submitted that the petitioner has
never seen any documents of the contract of the answering respondent. The
petitioner itself mentions in the present petition that the respondent no. 1 is
the contractor of the petitioner and thus the answering respondent has
nothing to do with the petitioner.
6. Be that as it may, it is also pertinent to mention that the maintainability of
the present petition is challenged on the ground that the petitioner is no more
working at the site and has been evicted from the site by its contractor for
reasons of non-performance only and another third party has now been
awarded with a Contract in place of the petitioner as informed to the
answering respondent by the respondent no. 3 herein.
7. The law is clear as to the position that relief under Section 9 of the
Arbitration and Conciliation Act, 1996 can be claimed only when the basic requirement of contractual relationship between the parties has been duly
satisfied. …….
9. ……
11.Therefore in so far as the judicial position is concerned it is crystal clear that
the present petition is not maintainable against the answering respondent on
the ground that there is no arbitration agreement between the petitioner and
the answering respondent.
12.That the reliefs claimed by the petitioner in the present petition cannot be
claimed against the answering respondent due to lack of privity of the
contract and therefore the whole purpose of the present petition becomes
absolutely infructuous.
13.In view of the above mentioned legal position, the answering respondent is
neither a necessary nor a proper party to the present petition and therefore
the answering respondent ought to be deleted from being a party to the
instant proceedings.
14.By virtue of the provisions of Order I Rule 10 CPC the answering
respondent ought to be deleted from being a party to the proceedings on the
ground that there is no agreement/ contract and also there is no arbitration
agreement of the petitioner with that of the answering respondent and hence the present petition cannot be held to be maintainable against the answering
respondent.
15.Apart from the above mentioned grounds, the present petition must also be
dismissed since the petitioner has not approached this Hon'ble Court with
clean hands. ……..
17.That the present petition is also not maintainable on the ground that the
petitioner is trying to misled this Hon'ble court and induced the Hon'ble
Court to believe that there exists a contractual nexus between the petitioner
and the answering respondent and only on the basis of such a false
inducement and misleading, this Hon'ble court has issued notice upon the
answering respondent by attempting to create a contractual relationship
between the answering respondent and the petitioner which does not exist.
Without prejudice to this, it is further submitted that an arbitration
agreement shall have to be in writing and cannot be inferred.
18.In view of the above mentioned legal preliminary objections, the present
petition is liable to be dismissed on this ground alone without delving into
the merits of the case purely on the basis of maintainability,
 PARA-WISE REPLY
1. The contents of the para under reference are: not being replied for want of
knowledge.
2. The contents of the para under reference are: not being replied herein as it
pertains to the respondent no. 1 and the petitioner and the answering
respondent has no knowledge of any communication between them.
3. The contents of the para under reference are wrong and devoid of merit hence
denied. It is denied that the petitioner was ever to be directly connected with
the respondent no…………………….
.
4. The contents of the para under reference are wrong and devoid of merit hence
denied. It is denied that there was any efficiency or delay on the part of the
answering respondent for either any drawings or any layout plan works etc.
and irrespective of any fact it is stated that the petitioner has no nexus or
connection with that of the answering respondent and therefore it is stated that
no drawings or layouts were to be provided to the petitioner by the
respondent.
5. The contents of the para under reference are wrong and devoid of merit hence
denied. As stated earlier there is no privity of contract or connection of the
petitioner with the answering respondent and therefore it is denied that the
answering respondent was to ever replied to any alleged hindrances faced by
the petitioner. Since the answering respondent was only concerned with the
respondent no. , hence any communication made by the said respondent
would only be considered.
6. The contents of the para under reference are wrong and devoid of merit hence
denied. At the risk of repetition it is reiterated that the answering respondent
has no contract with that of the petitioner and therefore there arises no
question for the answering respondent to consider any communication or
representation made by the petitioner and thus the averments made in the para
under reference are totally denied being irrelevant. Be that as it may, it is also
denied that there were any hindrances for the work of the answering
respondent at any time during the execution of the captioned contract.
7. The contents of the para under reference are wrong and devoid of merit hence
denied. Since the answering respondent was not having any connection with
the. petitioner therefore the answering respondent cannot state, admit or deny…………
23.The contents of the para under reference are not replied being unconcerned
with the answering respondent and for want of knowledge. It is most
respectfully submitted that the present petition seems to be a collusive action
of the petitioner and the respondent no………
.
24.The contents of the para under reference are wrong and devoid of merit hence
denied. It is denied that the petitioner has a prima facie good case and on the
contrary from a bare perusal of the present petition it is evident that firstly the present petition is not maintainable in its present form for the reasons
stated herein above and also the fact that the. petition is based on false and
frivolous averments which are nothing but untrue statements made to mislead
this Hon'ble Court.
25.The contents of the para under reference are wrong and devoid of merit hence
denied. It is denied that balance of convenience lies in favour of the petitioner
on the contrary from a bare perusal of,the present petition it is evident that
firstly the present petition is not maintainable in its present form for the
reasons stated hereinabove and also the fact that the petition is based on false
and frivolous averments which are nothing but untrue statements made to
mislead this Hon'ble Court.
26.The contents of the para under reference are wrong and devoid of merit hence
denied.
27.The contents of the para under reference are wrong and devoid of merit hence
denied. In view of the preliminary objections as well as the preliminary
submissions made by the answering respondent herein it is submitted that no
cause of action has arisen in the present matter and the present matter is
nothing but a false and frivolous petition.
28.The contents of the para under reference need no reply.
29.The contents of the para under reference need no reply.
30.The contents of the para under reference are wrong and devoid of merit hence
denied.The averments made in the para under reference evidently show that
the intention of the present petition was only aimed towards the respondent
no. 1 and not the other respondents. Since there was no agreement between
the petitioner and the answering respondent hence there is no document to
decide jurisdiction amongst the party. In View of the above mentioned preliminary objections and preliminary
submissions it is vehemently clear that at the first and foremost the present
petition is not maintainable against the answering respondent and
thereafter the averments made in the present petition are evidently untrue and
false and therefore the prayer made by the petitioner shall be dismissed.
PETITIONER/ APPLICANT


THROUGH                                                 
Advocate

NEW DELHI

DATE:

Monday, January 18, 2016

APPLICATION UNDER SECTION 5 OF LIMITATION ACTON BEHALF OF THE PETITIONER FOR CONDONATION OF DELAY IN RE-FILLING THE PRESENT RESTORATION APPLICATION

IN THE --------------- COURT OF DELHI AT NEW DELHI

I.A NO.       OF 2015
IN

------------. _______ OF 2015


IN THE MATTER OF:-

ABC.                                                                          Applicant

VERSUS

Xyz                                                                       …      Respondent

APPLICATION UNDER SECTION 5 OF LIMITATION ACTON BEHALF OF THE PETITIONER FOR CONDONATION OF DELAY IN RE-FILLING THE PRESENT RESTORATION APPLICATION.

MOST RESPECTFULLY SHOWETH:-

1 . That the petitioner has filed accompanying application for restoration of objection petition. That all the facts have been stated in the restoration application and may be treated as part and parcel of
the present application and the same is not reproduced for the sake of brevity.
2. That the present restoration application has been filed on ----------- before this Hon'ble Court. The application for restoration came under objections on -----------. The said application was collected from registry.
3. . That while dismissing the present objection petition in default and non-prosecution because of non-appearance on behalf of the petitioner, the Hon’ ble High Court that no application for restoration would be entertained unless cost of Rs.5,000/- are first paid. The counsel for petitioner informed the department for preparation of cheque of Rs.5,000/-. The concerned department at delhi, processed the file for the said cheque. After due approval and sanction, the cheque was finally prepared on ----------- .. The cheque having no. ----------- of Rs.5,000/- was sent from delhi and handed over ·to the counsel on -----------. The said cheque of Rs.5,000/- was handed
over to the respondent counsel on -----------. The  Hon I ble High Court was closed for winter vacation on -----------. Thereafter the present restoration application was re-filed on -----------after reopening of Hon’ ble Court. In the process delay has occurred in refilling the present restoration application. The copy of letter &
photocopy of cheque are annexed as ANNEXURE--- (COLLY).
4. That the delay in refilling is not willful or international rather circumstantial.
PRAYER
In view of the aforesaid facts and circumstances, it is most respectfully prayed that this Hon' ble Court may be graciously be pleased to:-
I. condone the delay of 85 days, in refilling the present application for restoration of the objection petition.

II. Pass such other and further order as this Hon' ble  Court may deem fit and proper in the facts and  circumstances of the case.

PETITIONER/ APPLICANT


THROUGH                                                 
Advocate

NEW DELHI
DATE:



APPLICATION UNDER ORDER 9 RULE 4 OF CPC, APPLICATION FOR RESTORATION OF SUIT OR PETITION

IN THE --------------- COURT OF --------- AT .........

I.A NO.       OF 20--
IN

------------. _______ OF 20--


IN THE MATTER OF:-

ABC.                                                                          Applicant

VERSUS

Xyz                                                                       …      Respondent

APPLICATION UNDER ORDER 9 RULE 4 OF CPC, READ WITH SECTION 151 OF CPC, ON BEHALF OF PETITIONER, FOR RESTORATION OF PRESENT OBJECTION PETITION. WITH AFFIDAVIT.

MOST RESPECTFULLY SHOWETH:
1.       That the aforesaid matter was pending adjudication in the regular list before this Hon’ ble High Court. The matter in regular list reached for final hearing on --.--. Again the matter came up for
hearing on -------- and this Hon’ ble High Court pleased to dismiss the present objection petition in default and non-prosecution because of nonappearance on behalf of the petitioner.

          The copy of the order-dated ------- is annexed as ANNEXURE-A.

2.       That the petitioner counsel couldn't notice the present case published and circulated in the cause list on -------- and -------. Hence couldn't appear on the above dates. The office staffs of petitioner counsel was instructed to regularly checkup the matters in regular matters on internet but they failed and missed out previous listing of the matters on -------- & ------. Since counsel of petitioner was not aware of above listing. Hence couldn't appear in the matter before this Hon' ble High Court at the time of hearings on above mentioned dates. The petitioner-department was also not aware about the  listing of the present case on above-mentioned dates.

3.       That on -------------------, the counsel for petitioner Mr --------------- Adv received a message from the office of Mr --------------- that the present matter has been - dismissed in default and non-prosecution for non appearance. Thereafter, the office of counsel for petitioner checked up the previous orders and came to know about the orders dated --------------------- and -------------. Thereafter the restoration application was  prepared and sent for signature to the department, on ---------------------. The signed copy of restoration application received by the counsel on --------- and hence the application is being filed before this Hon' ble Court.

4.       That the absence of counsel for petitioner was not wilful or intentional rather circumstantial.
5.       That in the above facts and circumstance of the  case and in the interest of justice and the Hon' ble High Court may be pleased to restore the present objection petition.



PRAYER

It is, therefore, most respectfully prayed this Hon’ble Court may be pleased to:-

           a.        Allow the present restoration application andrestore the present Objection                             Misc. Petition OMP No.000/0000 to its original position .

b.         Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.     


PETITIONER/ APPLICANT


THROUGH                                                 

Advocate

NEW DELHI
DATE: