Petition for setting aside Award by Shiva.

Petition for setting aside Award

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

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

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

Vs.

C. D. etc. . . . . . . . .                                   Opposite Party.

Application under Section 30, Arbitration Act.

The petitioner named above states as under:

1. That by an arbitration agreement dated . . . . . . . . . entered into between the petitioner and 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 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 in the relevant clauses of the arbitration agreement aforesaid.

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 the said arbitrator gave his award on. . . . . . . . .(date) and the same award has been filed in the court under Section 14(2) of the Arbitration Act, a notice of the filing of which has been served upon the petitioner on. . . . . . . . (date).

6. That for the reasons specified below, the said award given by the arbitrator is liable to be set aside:

That the arbitrator has misconducted himself or the proceedings.

or

That the award has been made after the issue of an order by the court superseding the arbitration (or after arbitration proceedings have become invalid under Section 35 of the Arbitration Act).

or

That the award has been improperly procured or is otherwise invalid (state the grounds for the invalidity of the arbitration award).

Wherefore it is prayed that the award filed by the arbitrator on. . . . . . . . (date) be set aside.

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