Petition Seeking For Interpretation Of Award Deed Format

Petition Seeking For Interpretation Of Award

Petition Seeking For Interpretation Of Award Deed Format

In the High Court at Calcutta Ordinary Original Civil Jurisdiction

In the matter of:

The Arbitration & Conciliation Act 1996

And

In the matter of:

An application under section 33 of the said Act

   And

In the matter of:

An Arbitration Agreement contained in the Contract No. 3 dated ……………

And

In the matter of:

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

1. Impressions India Private Ltd., a company registered under the Companies Act 1956 and carrying on business at
6 S.P. Mukherjee Road, Calcutta 700 025

2.  Mr. D.N. Banerjee of 7 Hindusthan Park, Calcutta 700 029

          Respondents

To

The Hon’ble Mr. ……………… Chief Justice and His Companion Justices of the said Hon’ble Court

The humble petition of the petitioner above-named most respectfully

Sheweth:

main object of company 22 7 - Petition Seeking For Interpretation Of Award Deed Format

1. By and under an agreement dated ……………… the petitioner undertook to construct houses, flats and guest-houses for the first respondent on agreed specifications, terms and conditions and price.

2. Your petitioner completed the work, obtained payment of the running bills, offered delivery of houses, flats and guest-houses and claimed payment of the final bill.

3. The first respondent raised various minor objections with a view to withhold payment of the outstanding bills.

4. Disputes and differences arose between the parties and under the arbitration clause contained in the agreement these disputes and differences were referred to the respondent No. 2 for adjudication.

5. After hearing the parties, respondent No. 2 the sole arbitrator gave the Award
dated …………….

6. Your petitioner received a copy of the said Award on ………… under section 31 of the Arbitration & Conciliation Act 1996.

7. The said Award a copy whereof is annexed hereto and marked ‘A’ is incomplete in several respects. Respondent No. 2 has not given his decision on the disputes as to escalation of costs. Respondent No. 2 failed to consider and decide the disputes as regards extra work done by the petitioner and the liability of first respondent to pay for the work duly accepted by the first respondent. For non payment of the outstanding bills under the agreement interest @ 18% per annum was payable by the first respondent. Though this issue was raised subsequently on this point the respondent No. 2 failed to adjudicate this issue.

8. Your petitioner states that this is a fit case that this Hon’ble Court will be pleased to remit the Award dated …………… to the respondent No. 2 for determination of the disputes regarding escalation of costs, payment for extra work done benefit of which was received by the first respondent and the contracted rate of interest payable by the first respondent to the petitioner on the outstanding amount payable by the first respondent in r respect of the final bill which included the escalation costs, costs for additional work done and interest on the outstanding amount upto the date of submission of the final bill. The respondent No. 2 is further required to adjudicate on the question of interest for the subsequent period till payment of the petitioner’s claims by the first respondent.

9. In the facts of the case, your petitioner states that the Award be remitted to the respondent No. 2 with a direction to give his decision on the aforesaid points after hearing the parties if necessary even though all the relevant documents are on record of the said arbitration proceeding.

10. This Hon’ble Court will be pleased to fix a time within which the respondent No. 2 will give his Award including his decision on the above points.

11. Unless orders are made as prayed for herein, your petitioner will suffer loss and prejudice.

12. This application is made bona fide and in the interest of justice. 

Your petitioner, therefore prays Your Lordships for the following orders:

(a)  Award dated ………… given by respondent No. 2 be remitted to respondent No. 2 for submission of his decision on following points:

(i)    whether the petitioner is entitled to and if so, to what extent, the escalation costs in the execution of the agreement?

(ii)   whether the petitioner is entitled to payment for additional work done and if so upto what extent?

(iii)   whether the petitioner is entitled to interest on its outstanding amounts, if so, the period for the same and the rate at which the petitioner is entitled to such interest?

(b)  A time limit be fixed within which respondent No. 2 has to give his decision on the issues mentioned in prayer (a) above.

(c)  Further orders be made and directions be given as to this Hon’ble Court may deem fit and proper in the facts of the case.

And your petitioner as in duty bound shall ever pray.

Signature of the Advocate                                                                     Signature of

for the petitioner                                                                                    the petitioner

Verification

I, …………………………… son of …………………… aged about …………… years by occupation service, working for gain at 7A, Camac Street, Calcutta 700 016 do hereby solemnly affirm and say as follows:

1. I am the Manager of Builders India Private Ltd., and its Principal Officer and Constituted Attorney. I know and I have made myself acquainted with the facts and circumstances of this case and I am able to depose thereto. I am authorised and competent to verify the aforesaid petition and I do verify the same on behalf of the petitioner.

2. The statements contained in paragraphs 1 to 12 hereinabove are true to my knowledge based on information derived from records maintained by the petitioner company and I believe them to be true.

Solemnly affirmed by the said Mr. …………………………… pursuant to Board Resolution dated ……………… of the Builders India Private Ltd. in the Court House at Calcutta on the 15th day of December 1999.

Before me

Commissioner

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