Monday, November 30, 2015

PETITION UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR APPOINTMENT OF ARBITRATOR

IN THE -------- AT NEW DELHI

ARBITRATION PETITION NO. _______ OF 2015

IN THE MATTER OF:-
ABC                                                                      …      Applicant
Versus
Xyz                      
                                                …      Respondent

PETITION UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR APPOINTMENT OF ARBITRATOR

MOST RESPECTFULLY SHEWETH:

1.
Provision under Section which the Application is filed.





Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the said Act”).
2.
Name of the Applicant with complete address.




ABC
3.
Name of the other party to the Arbitration Agreement with complete address.







Xyx

4.
Names and addresses of the Arbitrators, if any, already appointed by the parties.





None
5.
Name and address of the person or institution, if any, to whom any function has been entrusted by the parties to the Arbitration Agreement under the appointment procedure agreed upon by them.












In accordance with Clause 34 of the terms and conditions agreed upon between the parties, disputes may be referred to Arbitration of a person selected by the Applicant out of a panel of three persons nominated by the General Manager of the Unit or Project of the Respondent Company to which the Contract relates.
6.
Qualification required, if any, of the Arbitrator by the agreement of the parties.






None





7.       The brief facts describing the general nature of the disputes and the points at issue.


“34.0 Arbitration and Governing Law
34.1   Arbitration:
All disputes and differences which may arise out of or in connection with or are incidental to the Agreement(s) including any dispute or difference regarding the interpretation of the terms and conditions of any clause
.”



A.           same is realized.


B.           That in terms of Clause 34 of the general purchase conditions of the said Purchase Order, it was agreed that in case of any disputes that may arise pertaining to the agreement, the Applicant shall be entitled to select an arbitrator from a panel of 3 persons nominated by the Respondent. However, in spite of serving upon the Respondent the notice invoking arbitration, no reply has been received by the Applicant.

C.           Accordingly, the Applicant has no other option and is constrained to file the present Petition before this Hon’ble Court for appointment of Sole Arbitrator to adjudicate all disputes between parties.

D.          The Respondent has its Office at New Delhi, within the territorial jurisdiction of this Hon’ble Court. Detailed discussions, negotiations and meetings have taken place between the applicant and the respondent at -----, both before and after execution of the said agreement.  The arbitration proceedings between the parties have further been stipulated to be held at ---- as per the agreement between the parties. Hence, it is submitted that this Hon’ble Court has the territorial as well as pecuniary jurisdiction to entertain, try and dispose of the present Petition, since the cause of action and/or part thereof has arisen within the territorial jurisdiction of this Hon’ble Court.

E.           That the present application is filed within the period of limitation.
8.
Valuation of the subject matter.





That the present suit has been valued at Rs.-------/-and appropriate Court fees is being affixed on this petition.
.
Reliefs.

In the premise, it is most respectfully prayed that this Hon’ble Court may be pleased to:-

(a)      Appoint a sole Arbitrator to adjudicate upon and decide all the disputes between the Applicant and the Respondent arising out of or relating to Purchase Order No. -------; and

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




APPLICANT
THROUGH                                       
-
ADVOCATES FOR THE APPLICANT
-
-
DATED:     /  /2015



VERIFICATION:
I, , designated as ------ of the applicant do hereby verify that what is stated in paragraphs 1 to ___________) is based on the information received from the records of the Applicant company and what is stated in the remaining paragraph is based on legal advise and I believe the same to be true.

Verified on this       day of,            , 2015.

DEPONENT
                                                        



IN THE- COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO. _______ OF 2015


IN THE MATTER OF:-

-.                          ---                                                  Applicant

VERSUS

-----              …      -------------------------------Respondent

AFFIDAVIT
I, - S/o of Shri -, aged about --years, presently -  of the Applicant company having its registered office at-, India, do hereby solemnly affirm and declare as under:-

1.       That I am -   in the Applicant Company and am duly authorized and competent to sign and verify the present Petition and am fully conversant with the facts and circumstances of the case and am competent to swear the present affidavit.
                              
2.       That I have gone through the contents of the accompanying Application under Section 11 of Arbitration and Conciliation Act, 1996, which has been drafted by the Counsel at my instance and I state that the same are based on the official records maintained by the applicant Company and are believed to be true and correct.

3.       That the contents of the present affidavit are true and correct and nothing material has been concealed.

DEPONENT
VERIFICATION

Verified at New Delhi on this _____ day of ________ 2015 by the above named deponent that the contents of the above affidavit are true and correct, no part of it is false and nothing material has been concealed therefrom.
DEPONENT

URGENT APPLICATION for List the Case in the Court

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

------NO. _______ OF 2015

IN THE MATTER OF:-

Abc                                                                                 . …    APPLICANT

VERSUS

M/S.Xys                                                                 …   RESPONDENT


URGENT APPLICATION

1.  May I request you to kindly treat the for accompanying application/Suit Writ Petition/ CM Main Petition/any an urgent one in accordance with the Rule of the High Court of Delhi.


     2.    Urgent direction are prayed for.


3.           Kindly list on.--/----/2015





-
                             ADVOCATES FOR THE PETITIONER 
                                      -


DATED: ---/----/2015
NEW DELHI




APPLICATION UNDER SECTION 151 OF C.P.C. SEEKING EXEMPTION FROM FILING THE ORIGINAL/ TRUE TYPED COPY OF THE ANNEXURE/S WITH AFFIDAVIT.

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 151 OF C.P.C. SEEKING EXEMPTION FROM FILING THE ORIGINAL/ TRUE TYPED COPY OF THE ANNEXURE/S WITH AFFIDAVIT.

MOST RESPECTFULLY SHOWETH:
1.           That the applicant/petitioner herein filed the accompanying Petition before this Hon'ble Court under Section ------- Act, 1996 for ---- - in respect of ---, the facts of which are not being reproduced herein for the sake of brevity and may be read and be form part of the present application.

2.           That due to urgency in the matter the Applicant could not file the original of the annexure/s and also could not be able to get the copies of annexure typed and filed in respect of certain documents.

3.           The Applicant therefore prays for being exempted from filing original as well as typed copy of the annexure/s and be allowed to file true copy of the same.

4.       That the present application is made bona fide and in the interest of justice.








PRAYER

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

a.       Exempt the Applicant from filing original as well as true typed copy of the annexure/s.

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:


------------------------------------------------------------------------------------------------------


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

IA NO.      OF 2015
IN

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

IN THE MATTER OF:-

Abc                                          .                                 Applicant

VERSUS

Xyz                                                                       …      Respondent

AFFIDAVIT
I, ---, S/o of ---------, aged about --- years, presently AGM (Commercial)  of the Applicant company having its registered office at ------------------, India, do hereby solemnly affirm and declare as under:-

1.       That I am  AGM (Commercial) in the Applicant Company and am duly authorized and competent to sign and verify the present Petition. That I am fully conversant with the facts and circumstances of the case and am competent to swear the present affidavit.
                              
2.       That I have gone through the contents of the accompanying Application which has been drafted by the Counsel at my instance and I state that the same are based on the official records maintained by the applicant Company and are believed to be true and correct.

3.       That the contents of the present affidavit are true and correct and nothing material has been concealed.

DEPONENT
VERIFICATION

Verified at New Delhi on this _____ day of ________ 2015 by the above named deponent that the contents of the above affidavit are true and correct, no part of it is false and nothing material has been concealed therefrom.

DEPONENT

Application for Government Accommodation

URGENT
To
            The Xys ,
            _________,
            New Delhi.

Sub:- Application for Govt. Accommodation.
Sir,
            Respectfully submitted that I am applying for the Govt. Accommodation, Copy of duly filled online form is attached herewith for your consideration and verification pls. Kindly  verify my application   as soon as possible so that I can submitted the application in the Directorate of Estates within due course of time.  I will be highly obliged.
Thanking You

Yours faithfully


(Abc)

Format for DEED OF RECTIFICATION

DEED OF RECTIFICATION


            This DEED OF RECTIFICATION is executed at Delhi on __ April 2013 between (1) Sh. ----------i S/o Sh. ---------------------- R/o H. No---------------------------- Delhi-11000 and  (2) Sh. ------S/o Sh. ---------------iR/o H. No--------------, Delhi- 110085; hereinafter referred to the Rectifiers/Vendors which term includes their successors and  assigns of the one part;
AND
Sh. -------s/o Late ---------------  Delhi 110084; hereinafter referred to as PURCHASER which term includes his executors, administrators, representatives and assigns of the other part.

WHEREAS the property more fully described in the Schedule hereunder was sold by the Rectifier/Vendor in favour of the Purchaser herein by  General Power of Attorney, Agreement of sale, Affidavit, Possession letter, will and reciecpt dated 24th February 2012 hereinafter referred as the Principlal Deed.
WHEREAS in the Principal Deed dated 24th February 2012 address of the property  mentioned is as plot measuring area 68 sq yards out of Kh. No---------, situated in the area of village ------------- known as -------, Gali No-6---- Colony, --------- 110084.  In this adress there is a typographical error and omission of not mentioning the plot number.  This property is actually situated in A-Block instead of B-Block and the plot number is ----.
WHEREAS this typographical error has come to the knowledge of the purchaser and requested the Rectifier/Vendor to rectify the same.

            NOW THIS DEED OF RECTIFICATION WITNESSETH AS FOLLOWS:
That in the Principal Deed dated 24th February 2012, block is wrongly typed as B-Block is rectified as A-Block and the plot number  is not included in the adress that is plot no------ has now been included by this Deed of Rectification.
That as rectified as aforesaid, the principal deed shall remain in full force and effect.
That no consideration has been received by the retifier/vendor for executing this Deed of Rectification.

SHEDULE OF PROPERTY
(As in the principal Deed)
Plot measuring area  6- sq yards out of Kh. No- 00/0/0, situated in the area of village ------ known as B-Block, Gali No-7, ---- Colony, ----- Delhi-110084;
And bounded as under:-
            North             :           Other Plot
            East                :           Other Plot
            West              :           Other Plot
            South             :           Road 16 ft

SHEDULE OF PROPERTY
(Rectified by this Deed of Rectification)

Plot measuring area 68 sq yards out of kh. No-00/0/0, Plot No-000,  situated in the area of Village -----known as A-Block, Gali No-7, ---Colony ----Delhi-110084;

In witness where of the RECTIFIER/VENDOR and the PURCHASER have set their hands on the __ April 2013

Witness                                                                                             RECTIFIER/VENDOR
1.


2.                                                                                                                    PURCHASER