Under Section 11 Of The Arbitration And Conciliation Act, 1996 Read With Order Xxxix, Rules 1 And 2 Of The Code Of Civil Proced - Legal Draft

Precedent No. 44

AFFIDAVIT: UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT,

1996 READ WITH ORDER XXXIX, RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE

IN

THE HIGH COURT OF

Arbitration Request No of 20

Plaintiff:

Vs.

Defendant:

AFFIDAVIT

I, , S/o , aged about years,

presently and permanently residing in , do hereby solemnly affirm

and state as follows:—

1. I say that, I am the plaintiff in the proceeding referred to

above and I am well conversant with the facts and circumstances of the

case. I am competent to swear to this affidavit.

1. I say that, I am the sole proprietor of carrying on the

business of construction.

1. I say that, on I entered into an agreement with the defendant

to construct his factory bearing the Municipal No The fee

for the aforesaid construction, i.e. Rs , was agreed to be

paid by the defendant after the completion of the said construction

work.

1. I say that, it was agreed between me and the defendant that any

dispute relating to the aforementioned transaction would be resolved by

way of arbitration as prescribed under the Arbitration and Conciliation

Act, 1996.

1. I say that, the construction work referred to above was duly

completed on , but the defendant has not paid the agreed fee till date.

1. In view of the aforementioned circumstances I find myself left

with no option other than filing an arbitration suit against the

defendant.

Sd./ Deponent.

Verification

Verified at on this the day of ,

20 , that the contents of the above affidavit are true and correct to

the best

of my knowledge, belief and information and nothing material has been

concealed therefrom.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of , 20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law.