Petition For Substitution Of Arbitrator Upon Challenge Arbitration & Award 1202 Legal Draft Template

In the High Court at Calcutta Ordinary Original Civil Jurisdiction
In the matter of:
1996
And
In the matter of:
An application under section 12
read with section 15 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. S.N. Udyog 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 15 Old Post
Office Street, Calcutta 700 001
Respondent
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:
1. By and under an agreement dated ………………… the petitioner undertook to construct houses, flats and guest-houses, for the 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 respondent raised various minor objections with a view to withhold payment of the outstanding bills.
4. Some disputes and differences arose under the Agreement of Reference to arbitration dated The parties referred the disputes to the arbitration of Mr. Rajib Khaitan, an Advocate appointed by the petitioner and to Mr. S. Gupta an Engineer appointed by the respondent. The said arbitrators appointed Mr. D.N. Banerjee as the Umpire.
5. The Arbitrators entered into reference dated…………….and held certain sittings.
6. At the sixth sitting differences of opinion arose between the said arbitrators. The matter was referred to the Umpire on      who commenced the proceedings and held five sittings.
7. Since …………………..the said Umpire has not held any meeting or hearing of the said arbitration proceedings. The Umpire is not proceeding with the reference nor has made his Award although more than 4 months have passed since he entered on the reference.
8. The petitioner states that the said Umpire has no intention to complete the proceedings and he is incapable of doing so and as such this Hon'ble Court would be pleased to remove him from further acting as Umpire in the said arbitration proceedings.
9. Your petitioner states that a declaration be made that the Arbitration Agreement shall cease to have effect with respect to the differences and disputes referred to the said arbitrators and ultimately to the said Umpire.
10. Without prejudice to the aforesaid, but in the alternative, your petitioner states that this Hon'ble Court would be pleased to appoint a Sole Arbitrator to adjudicate the disputes among the parties. A Copy of the issues settled by the Arbitrators is annexed hereto marked 'B', from which it will
appear the nature of the disputes among the parties to be settled by the Arbitrators to be appointed. The Arbitrator to be appointed be directed to enter into reference and complete the proceedings and give his Award within the time to be specified by this Hon'ble Court.
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, humbly prays Your Lordships for the following orders:
(c)A suitable person be appointed as the sole Arbitrator to adjudicate the disputes among the parties and give his Award within the time that
may be specified by this Hon'ble Court;
(d)Costs of this application be the costs in the Arbitration proceedings;
Further orders be made and directions be given as to this Hon'ble Court may deem fit and proper to afford complete relief to your petitioner.
Signature of Advocate    Signature of
for the petitioner       the petitioner
I,……………………son of ……………aged 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 the paragraphs 1 to 12 herein above 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.