Petition for removing Arbitrator and Appointment of Another under Sections 11 and 12 by Shiva.

Petition for removing Arbitrator and Appointment
of Another under Sections 11 and 12

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

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

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

Vs.

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

Application under Sections 11 and 12, Arbitration Act.

The petitioner named above states as under;

1. That by an arbitration agreement dated. . . . . . . . .entered into between the petitioner and the opposite party, it was agreed that a reference shall be made to an arbitrator to be appointed by the consent of all the parties thereto in case any difference arises in respect of the contract entered into between the petitioner and the opposite party on. . . . . . . . .(date).

2. That in the arbitration agreement referred to in Para 1 above, the powers of the arbitrator to act and make award were specified.

3. That a copy of the arbitration agreement referred to in Para 1 above is being attached along with this application.

4. That a difference having arisen between the parties to the arbitration agreement, Shri. . . . . . . . .s/o. . . . . . . . .r/o. . . . . . . . was appointed an arbitrator by the consent of the parties.

5. That though the arbitrator entered on the reference and examined the parties he has, even though more than three months have passed, not done anything further. Though several dates of hearing were fixed and the parties were ready to go on with the case, the arbitrator always postponed the case for very inadequate reasons, and has persistently neglected to perform his duty.

Wherefore it is prayed that the arbitrator named in Para 4 above be removed and some other person whom this court thinks fit may be appointed to fill the vacancy so caused by the removal of the arbitrator aforesaid.

Dated. . . . . . . . . . .                                                      Applicant.

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