IN THE MATTER OF:
Claimants' names: CLAIMANTS
VERSUS
Respondents' names: RESPONDENTS
NEXT DATE OF HEARING:- Next date of hearing
APPLICATION ON BEHALF OF CLAIMANT NO. 1 AND CLAIMANT NO. 2 TO FORMALLY EXHIBIT THE ORIGINAL POWERS OF ATTORNEY DATED Date of the powers of attorney, EXECUTED IN FAVOUR OF CLAIMANT NO. 3, WHICH HAVE ALREADY BEEN FILED ON RECORD ALONG WITH THE EVIDENCE
MOST RESPECTFULLY SHOWETH:
1.That Claimant No. 1 and Claimant No. 2 are duly represented by Claimant No. 3 as their Attorney Holder vide Powers of Attorney dated Date of the powers of attorney and Date of the powers of attorney respectively, Description or location reference for the attorneys, authorising him to lead evidence on their behalf. The Claimants are the legal heirs of Name of deceased original founder, who established the Firm Name of the firm. The said Powers of Attorney have been duly filed along with the evidence at page no. Page number of the power of attorney of Claimant No. 1 and page no. Page number of the power of attorney of Claimant No. 2 respectively.
2.That the Attorney is the son of Claimant No. 1 and the brother of Claimant No. 2. The dispute pertains to documents on record and involves close family members, namely Respondent No. 1, who is the real uncle of the Attorney, and Respondent No. 2, a company established by Respondent No. 1. The Claimants have been duly construed as partners of the Firm – Name of the firm, as reflected in various pleadings and official records duly admitted before this Hon'ble Tribunal. 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 the modalities 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 is thus 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 is that of Claimant No. 3 in his individual capacity as well as in his capacity as Attorney of the other Claimants. The Powers of Attorney authorising him to depose for and on behalf of Claimant No. 1 and Claimant No. 2 are already on record and were filed along with the evidence. However, inadvertently, while marking the exhibits, the original Powers of Attorney, though filed and already on record, were not exhibited.
4.By way of the present application, the Applicant respectfully requests this Hon'ble Tribunal to formally exhibit the Powers of Attorney as Exhibit-CW-1/1A and Exhibit-CW-1/1B, for the sake of convenience and in the interest of justice.
5.That the evidence duly records the fact of representation of Claimant No. 1 and Claimant No. 2 through the Attorney, and the original Powers of Attorney have been duly attached and filed along with the evidence.
6.That no loss or prejudice would be caused to the Respondents, as the Powers of Attorney are already on record and extensive cross-examination has taken place in respect thereof. Further, it is trite in law that, in arbitration proceedings, the 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:
A. Allow the marking of Exhibit No. CW-1/1A and Exhibit No. CW-1/1B, or such other marking as this Hon'ble Tribunal deems fit, upon the original Powers of Attorney dated Date of the powers of attorney, which are already on record and were filed along with the Evidence on Affidavit of CW-1;
B. Pass such other and further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
PLACE: Place of execution of the applicationCLAIMANTS
THROUGH
Advocates' names and address
ADVOCATES
Advocate's address line
EMAIL: Advocates' email address
DATED: Date of filing of the application
BEFORE Name of the sole arbitrator, LD. SOLE ARBITRATOR,
DELHI INTERNATIONAL ARBITRATION CENTRE,
NEW DELHI.
ARB. CASE NO. DIAC/Arbitration case number
IN THE MATTER OF:
Claimants' names: CLAIMANTS
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
I, Deponent's name, aged about Deponent's age years, S/o Deponent's father's name, Partner of Name of the firm, 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 as their Attorney Holder vide Powers of Attorney dated Date of the powers of attorney, and 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 contents of the accompanying application have been drafted by my counsel under my instructions, and the same have been read over and explained to me in my vernacular. The contents thereof are true and correct to my knowledge and belief and shall be read as part and parcel of this affidavit, and are not repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at Place of verification on this Date of verification that the contents of the above affidavit are correct and true to my knowledge, no part of it is false and nothing material has been concealed therefrom.
DEPONENT