Petition for Appointment of Arbitrator under Section 8(2) by Shiva.

Petition for Appointment of Arbitrator under Section 8(2)

In the Court of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Miscellaneous Case No. . . . . . . . . . of 20 . . . . . . .

A. B. etc. . . . . . . . . . . .                             Petitioner;

Vs.

C. D. etc. . . . . . . . . . . .                             Opposite party.

Application under Section 8, Arbitration Act.

The petitioner abovenamed states as under:

1. By an agreement executed by the parties on the . . . . . . . . . the applicant agreed to sell to the opposite party from time to time such quantity of silver as the opposite party wanted to purchase on the terms and conditions embodied in the said agreement.

2. Clause 15 of the said agreement provided that if any difference arose between the parties regarding any transaction of sale of silver made under the said agreement, it should be decided by an arbitrator.

3. Several differences have arisen regarding several transactions of sale made by the applicant under the aforesaid agreement.

4. The applicant desired that the opposite party should concur in the appointment of an arbitrator for settlement of the aforesaid differences but the opposite party always put him off and never agreed to the appointment of an arbitrator.

5. On the . . . . . . . . . , the applicant sent a notice by registered post calling upon the opposite party to concur in the appointment of an arbitrator for settlement of the aforesaid differences under Clause 15 of the said agreement and the said notice was served on the opposite party on the. . . . . . . . . and thus 15 clear days have passed and the opposite party has not sent to the applicant any reply nor has he appointed or concurred in the appointment of an arbitrator.

The applicant therefore prays that the court will be pleased to appoint an arbitrator for settlement of the aforesaid differences between the parties.

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.