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:
Petitioner
versus
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:
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.
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.
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.
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:
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.
Before me
Commissioner
Email us at : info@meerad.in