Arbitration Agreement in the case of a Private Reference by Shiva.

No. 3

* Arbitration Agreement in the case of a Private Reference

(Another Form)

AN AGREEMENT made the . . . . . . . . .day of. . . . . . . ., 20. . . ., BETWEEN A.B., aged about . . . . . . . ., . . . . . of the one part AND C.D., aged about . . . . . . . . ., partners in the trading firm known and styled as Messrs . . . . . Co. of . . . . . . . . Road in the city of . . . . . . . . .

WHEREAS by an Agreement of Partnership, dated. . . . . . . .the above-mentioned A.B. and C.D. had started the business of . . . . . . . . . . . . . . .in the city of. . . . . . . . . . . . . . .;

AND WHEREAS disputes and differences have arisen between the said parties, it being alleged by the said A.B. and denied by the said C.D. that (give the disputes and differences which may exist);

AND WHEREAS the said A.B. claims that he is entitled to a sum of Rs. . . . under the Agreement of Partnership referred to above by way of damages and that on account of such breaches the partnership stands dissolved and a division of the assets and liabilities should in that event and at any rate, as now mutually desired by the parties, be made;

AND WHEREAS it has been agreed that the claim and the disputes and differences and, at any rate, a division of the assets and liabilities of the said firm and all other matters in dispute between the parties hereto arising out of the said Agreement of Partnership shall be settled by arbitration under the provisions hereinafter contained.

IT IS THEREFORE AGREED by and between the parties hereto that the said claim and dispute and division and all matters in difference between the parties hereto shall be referred to the arbitration of E.F. of . . . . . . . . . . . ., an arbitrator named and chosen by A.B. and G.H., of . . . . . . . . . . . . . , an arbitrator named and chosen by C.D., so that they shall make and publish their Award within one month from the date hereof AND in case the said E.F. and G.H. shall differ respecting the matter hereby referred to them IT IS HEREBY AGREED that the matters in difference between the arbitrators shall be referred to the umpirage of K.L. by the aforesaid E.F. and G.H. so that such umpire shall make and publish his Award within. . . . . . . . . . . . . . . . . days from the date on which the said matters shall be referred to him by reason of the arbitrators differing about the same and certifying such difference to the umpire by writing under their hands on or before the . . . . . . . . . . . .  . . . . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . .

AND IT IS HEREBY FURTHER AGREED that the said arbitrators and umpire shall respectively have full power either in person or by any person authorised by them to enter the premises of the said firm of . . . . . . . . . . . ., seal, inspect or take into custody any book or register and to interview any workman, employee or manager and to receive the evidence of such authorised persons whether on oath or otherwise and to order the payment by either party or by both parties hereto the costs of such interview, inspection, sealing or taking into custody and of the evidence given by such authorised persons. AND the said arbitration shall be conducted in all respects according to the provisions as to arbitration contained in the Arbitration Act, 1940, or any statutory modification thereof and shall have all the incidents and consequences of an arbitration under the Act or any amendment thereof.

IN WITNESS whereof the aforesaid A. B. and C.D. have hereto at. . . . . . . . signed the day and the year first above-mentioned.

Witness:                                                           ??Sd. A.B.

Sd. C.D.

*These documents (Form Nos. 1-3) fall under the definition of an Agreement and are liable to stamp duty under Article 5, Schedule I of the Indian Stamp Act, 1899.

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