Petition for Stay of Proceedings in Suit
In the Court of . . . . . . . . . . . . . . . . . . . . . . . .
Original Suit No. . . . . . . . . . . . . of 20 . . . . . . .
A. B. etc. . . . . . . . . . . . Plaintiff;
Vs.
C. D. etc. . . . . . . . . . . . Defendant.
Application of the defendant abovenamed under Section 34, Arbitration Act.
The Applicant (defendant) states as under:
1. That the present suit for . . . . . . . . . has been filed against the applicant impleading him as defendant in the suit and . . . . . . . . . (date) has been fixed for filing the written statement.
2. That by an arbitration agreement dated . . . . . . . . . entered into between the plaintiff and the defendant, parties agreed to refer the matters of difference in respect of . . . . . . . . . to an arbitrator to be appointed by the consent of both the parties (plaintiff and the defendant in this suit).
3. That the matters in difference in the present suit are the matters in difference referred to in arbitration agreement aforesaid and as such they ought to have been referred first to an arbitrator to be appointed by the parties to the arbitration agreement by their consent.
4. That instead of referring the matters in dispute to the arbitrator, the plaintiff has initiated the present legal proceedings which are in violation and in contravention of the terms of the arbitration agreement referred to in Para 2 above.
5. That the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary for the proper conduct of the arbitration aforesaid, under the terms of the arbitration agreement.
Wherefore it is prayed that the proceedings in the present suit be stayed.
Dated . . . . . . . . . . Applicant.