Exercise: 1 Drafting an application under Section 8 of the Arbitration & Conciliation

Act, 1996.
(i)
APPLICATION UNDER SECTION 8 OF THE ARBITRATION AND
CONCILIATION ACT, 1996

Before the Court of the District Judge Patiala House Courts, New Delhi
Civil Suit No. 1234 of 2021
In the matter of the Arbitration and Conciliation Act, 1996.
AND

IN THE MATTER OF:

Perfect construction Pvt. Ltd
A company incorporated under the Companies Act 1956,
Having its office at No. 33, ABC Marg,
Delhi - 110021 ...PLAINTIFF
Versus

Cradle & Care Hospital

Through its director,
No. 420, M.G. Road,
New Delhi - 110001 ...DEFENDANT

**Heading of the application is missing.

The petition of above-named defendant Cradle & Care Hospital sheweth:
1. The plaintiff Perfect Construction Pvt, Ltd has filed the above suit against the
defendant for a construction company, and the Defendant, a charitable hospital,
entered into an agreement for the construction of a health care centre. The Plaintiff
completed the work within the extended period, but the Defendant refused to pay the
final bill, prolongation cost, and the retention money, citing inferior quality of
material used and incomplete work. The Plaintiff sent a notice demanding payment,
but no response was received. Therefore, the Plaintiff filed a suit to recover the
outstanding amount with interest. The said dispute is, subject of an arbitration,
agreement dated 08.12.2010. Attach the agreement as annexure.
 2. By an agreement in writing dated 08.12.2018 and entered into by and between the
Plaintiff and Defendant above named at New Delhi within the jurisdiction of this
Honourable Court, certified copy whereof is hereto annexed, it was agreed that the
manors in dispute or difference arising between the parties will be referred to the
arbitration of Shri Subham Singh son of Raghuvendra Singh resident of Pune and
Shri Vikas Gupta son of Shyam Lal Gupta resident of Delhi (State the matters in
difference between the parties)
3. The defendant has not filed his first statement before this court in the matter.
Therefore, the defendant prays for an order staying the proceedings of the suit and
direct the plaintiff to get the matter settled by arbitration in accordance with the
arbitration agreement.

I, A son of Radhe Shankar resident of New Delhi solemnly affirm and state that the
matters referred to in paragraphs 1 to 2 are true to my personal knowledge and belief.

Defendant's Advocate for Defendant Defendant

”
**Affidavit in support of the application is missing.
(ii)
Under the Arbitration and Conciliation Act, 1996, a party can file a Section 8 application at
any time during a judicial proceeding, including before or after filing a written statement. A
Section 8 application is filed when a party to a judicial proceeding seeks a reference to
arbitration in respect of a dispute that is the subject matter of the proceeding. The application
should be filed before the defendant has filed his written statement or, at the latest, before the
issues are framed. However, the court may entertain a Section 8 application even after the
issues are framed, if there are exceptional circumstances that justify such delay.
The reason for filing a Section 8 application before the defendant has filed his written
statement is to avoid any delay in the arbitration process. If the defendant files his written
statement before a Section 8 application is filed, he may argue that the court has already
seized jurisdiction over the dispute and that the reference to arbitration cannot be made. In
such a situation, the court may have to decide the dispute, which defeats the purpose of
arbitration.
However, if a party files a Section 8 application after the defendant has filed his written
statement, the court may still refer the dispute to arbitration if it finds that the arbitration
agreement is valid and the dispute falls within its scope. The court will decide the question of
the existence of an arbitration agreement, and the scope of the dispute in accordance with the
provisions of the Act. If the court finds that there is a valid arbitration agreement and the
dispute falls within its scope, it will refer the parties to arbitration. In conclusion, while it is
advisable to file a Section 8 application before the defendant files his written statement to
avoid any jurisdictional objections, it is not mandatory to do so. The court may still refer the
dispute to arbitration even if the application is filed after the written statement is filed,
provided the conditions mentioned in the Act are met.
Correct.
MENTION THE EXERCISE DETAILS.
Exercise 2
Drafting an application under Section 11 of the Arbitration & Conciliation Act, 1996.

Before the Court of the District Judge Patiala House Courts, New Delhi
Civil Suit No. 1234 of 2021
**Add the suggested version.
IN THE MATTER OF:
Perfect construction Pvt. Ltd
A company incorporated under the Companies Act 1956,
Having its office at No. 33, ABC Marg,
Delhi - 110021 ...PLAINTIFF
Versus

Cradle & Care Hospital

Through its director,
No. 420, M.G. Road,
New Delhi - 110001 ...DEFENDANT

SECTION 11 APPLICATION UNDER SECTION 11 OF ARBITRATION AND

CONCILIATION ACT, 1996 FOR DIRECTIONS OF THE HON’BLE COURT FOR
APPOINTMENT OF A SOLE ARBITRATOR FOR RESOLUTION OF DISPUTES
BETWEEN THE PARTIES.

To,
The Hon'ble Justice of the District Judge Patiala House Courts, New Delhi, and his
Companion Judges of the said Court.
The Petitioner, Perfect Constructions Pvt. Ltd. respectfully submits as follows:

A. NAME OF THE FORUM:

The present Section 11 application is filed under Section 11 of the Arbitration and
Conciliation Act, 1996 ("Act") before the Hon'ble District Judge Patiala House Courts, New
Delhi.

B. FACTUAL BACKGROUND OF THE CASE:

The Petitioner and the Respondent entered into an agreement dated 08.12.2010
("Agreement") for the construction of a commercial building. The Petitioner has performed
its part of the contract; however, the Respondent has failed to make the due payments as per
the agreed terms. The Petitioner has repeatedly demanded the pending dues from the
Respondent, but to no avail.
The Respondent has also failed to complete the construction work within the agreed timeline,
which has caused considerable delay and financial losses to the Petitioner. The Petitioner,
therefore, sent a legal notice to the Respondent, invoking the arbitration clause in the
Agreement and proposing the name of an arbitrator. However, the Respondent has failed to
respond to the notice or participate in the arbitration proceedings.

C. THE EXISTENCE OF THE DISPUTE:

There exists a dispute between the Petitioner and the Respondent with respect to the
interpretation and implementation of the Agreement. The dispute pertains to the outstanding
payments due from the Respondent to the Petitioner and the delay caused by the Respondent
in completing the construction work. Despite several attempts at amicable resolution, the
parties have been unable to settle the dispute.

D. RELEVANT CLAUSE IN THE AGREEMENT AND EXTRACT OF THE

ARBITRATION CLAUSE:
Clause 22.0 of the Agreement contains the arbitration clause, which reads as follows:
This Agreement shall be governed by and shall be construed in accordance with the laws of
India. Any dispute arising out of or in connection with the terms of this agreement shall be
referred for adjudication to a Sole Arbitrator to be appointed as per mutual agreement of both
the parties. The arbitration proceedings shall be conducted in accordance with the Arbitration
and Conciliation Act, 1996 along with its amendments and rules applicable thereto. The seat
and venue of the arbitration shall be at New Delhi. The decision of the Sole Arbitrator shall
be final and binding on the parties.

E. PROPOSED NAME OF AN ARBITRATOR:

In view of the above, the Petitioner proposes the name of Jayant kr. Shukla Son of Ram Lal
Shukla the sole arbitrator to preside over the arbitration proceedings in the present dispute.
The proposed arbitrator is highly experienced and well-versed in the domain of construction
and commercial disputes.

PRAYER:
In light of the above, it is respectfully prayed that this Hon'ble Court may be pleased to:
a. Appoint the proposed arbitrator Jayant kr. Shukla Son of Ram Lal Shukla to preside over
the arbitration proceedings in the present dispute.
b. Pass any other order(s) or direction(s) as it may deem fit and proper in the interest of
justice and equity.
c. Grant any further relief(s) that this Hon'ble Court may deem fit and proper in the facts and
circumstances of the present case.

PLACE: Pune, Maharashtra

**The content seems to be copy-pasted.

**Verification is missing.
**Affidavit in support of the application is missing.
Dear Vaishnavi,

I appreciate your efforts to complete the exercise. However, there are a few suggestions to
follow;

1.It is advised not to fill in the case number. Moreover, the first exercise is to draft an
application under section 8 of the Arbitration Act.
2.The applicant company will be represented by an authorized representative. It is advised to
name the authorized person and add his designation.
3.It is advised to draft the affidavit in support of both the applications. Affidavit is the sworn
statement of the deponent verifying the correctness of the stated facts.
4.Be mindful, the application under section 11 of the Arbitration Act is filed before the Chief
Justice of the Hon’ble High Court or the Hon’ble Supreme Court. Refer section 11 (5 and 6).
5.The heading of the second application is missing. It is advised to draft the heading as per
the exercise.
6.The content of the second exercise seem copied. Try to draft the application in your version.
7.Keep a check on the grammar, spelling errors, paraphrasing, and formatting of the draft.
Also, a part of formatting, paginate the drafts.

All the best.

Exercise 1 – 8.5/10.
Exercise 2 8/10.

Regards,
Abhishek Charan
9876968340
[email protected]
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