APPLICATION FOR FORMAL EXHIBITING OF THE ORIGINAL ATTORNEYS DATED Dates of attorneys EXECUTED BY CLAIMANT NO. 1 AND CLAIMANT NO. 2 RESPECTIVELY IN FAVOUR OF CLAIMANT NO. 3, WHICH HAVE ALREADY BEEN FILED ON RECORD ALONG WITH THE EVIDENCE
BEFORE Name of the learned sole arbitrator, LEARNED SOLE ARBITRATOR, Arbitral institution and venue
ARB. CASE NO. Arbitration case number
IN THE MATTER OF:
Claimants' names: CLAIMANTS
VERSUS
Respondents' names: RESPONDENTS
N.D.O.H.: Date of hearing (next date of hearing)
MOST RESPECTFULLY SHOWETH:
1.That Claimant No. 1 and Claimant No. 2 are duly represented by Claimant No. 3 as their attorney holder vide the attorney dated Date of attorney of claimant no. 1 and the attorney dated Date of attorney of claimant no. 2 respectively, read with the authority to lead evidence dated Date of authority to lead evidence. The Claimants are the legal heirs of Late Sh. Name of deceased proprietor, who established the firm M/s Firm name. The said attorneys have been duly filed along with the evidence at page no. Page number of first attorney on record and page no. Page number of second attorney on record respectively.
2.That the attorney holder is the son of Claimant No. 1 and the brother of Claimant No. 2. The dispute pertains to records of a close-knit family, namely Respondent No. 1, who is the real uncle of the attorney holder, and Respondent No. 2 Brief description of respondent no. 2. All the Claimants have been duly treated as partners of the firm M/s Firm name, as reflected in the various pleadings and official records admitted on record. In any event, Claimant No. 3 was approximately Age of claimant no. 3 at the relevant time years of age at the relevant time and was therefore fully aware of, and possessed personal knowledge of, the transactions pertaining to the firm's business and the facts set out in the Statement of Claim, and was competent to depose not only in his individual capacity but also as attorney for and on behalf of Claimant No. 1 and Claimant No. 2.
3.That the evidence filed before this Hon'ble Tribunal was that of Claimant No. 3 in his individual capacity as well as in his capacity as attorney of the other Claimants. The attorneys authorising him to depose for and on behalf of Claimant No. 1 and Claimant No. 2 are already on record, having been filed along with the evidence. However, owing to an inadvertent omission while marking the exhibits, the original attorneys already on record were not formally exhibited.
4.By way of the present application, the Applicant requests this Hon'ble Tribunal to formally exhibit the said attorneys as Proposed exhibit marking for the attorneys, in the interest of convenience and justice.
5.That the evidence duly records the fact of representation of Claimant No. 1 and Claimant No. 2 through the attorney holder, and the original attorneys have been duly attached and filed along with the evidence affidavit.
6.That no loss or prejudice would be caused to the Respondents, as the attorneys are already on record and extensive cross-examination has already taken place qua the same. Further, it is trite in law that in arbitration proceedings, the strict rigours of the Code of Civil Procedure and the Indian Evidence Act are not attracted.
In light of the above, it is most respectfully prayed that this Hon'ble Tribunal may kindly:
A. Permit the marking of Exhibit No. Exhibit number Alternative exhibit marking, or by such other marking as this Hon'ble Tribunal deems fit, upon the original attorneys dated Dates of attorneys respectively, which are already on record and filed along with the evidence affidavit of Exhibit marking of the evidence affidavit.
B.Pass any other order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
Place of executionCLAIMANTS
THROUGH
DATED:
Advocates' names
ADVOCATES AND LEGAL CONSULTANTS
Advocates' office address
EMAIL: Advocates' email address
BEFORE Name of the learned sole arbitrator, LEARNED SOLE ARBITRATOR, Arbitral institution and venue
ARB. CASE NO. Arbitration case number
IN THE MATTER OF:
Claimants' names: CLAIMANTS
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Deponent's name, aged about Deponent's age years, S/o Late Sh. Deponent's father's name, Partner of M/s Firm name, Firm address, R/o Deponent's address, do hereby solemnly affirm and declare as under:
1.That I am Claimant No. 3 and the attorney holder of Claimant No. 1 and Claimant No. 2, duly represented through me as their attorney holder vide the attorney dated Date of attorney of claimants 1 and 2. I am fully conversant with the facts leading to the filing of the accompanying application and am competent to swear this affidavit.
2.That the accompanying application has been drafted by my counsel under my instructions, and its contents have been read over and explained to me in my vernacular. The contents of the application are true and correct to my knowledge and belief, form part and parcel of this affidavit as if fully set out herein, and are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at Place of verification on this Date of verification day of Month and year of verification that the contents of the above affidavit are correct and true to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.
DEPONENT