Statement of claim with affidavit in arbitration proceedings
0 of 62 blanks filled
IN THE MATTER OF:
Claimant's name: CLAIMANT
VERSUS
Respondents' names: RESPONDENTS
INDEX
| S.NO. | PARTICULARS | PAGE |
|---|---|---|
| 1. | STATEMENT OF CLAIM ON BEHALF OF THE CLAIMANT, ALONG WITH AFFIDAVIT IN SUPPORT. |
| 2. | ANNEXURE C-1: BOARD RESOLUTION DATED Date of board resolution. |
| 3. | ANNEXURE C-2: COPY OF WORK ORDER DATED Date of first work order. |
| 4. | ANNEXURE C-3: COPY OF WORK ORDER DATED Date of second work order. |
| 5. | ANNEXURE C-4: COPY OF TERMINATION LETTER DATED Date of termination letter. |
| 6. | ANNEXURE C-5: COPY OF REPLY TO TERMINATION LETTER DATED Date of reply to termination letter. |
| 7. | ANNEXURE C-6: COPY OF LEGAL NOTICE SENT BY THE RESPONDENT DATED Date of legal notice sent by the respondent. |
| 8. | ANNEXURE C-7: COPY OF NOTICE DATED Date of arbitration invocation notice INVOKING ARBITRATION. |
| 9. | ANNEXURE C-8: COPY OF REPLY OF RESPONDENT TO NOTICE OF ARBITRATION INVOCATION DATED Date of respondent's reply to arbitration invocation notice. |
| 10. | ANNEXURE C-9: COPY OF REJOINDER TO THE REPLY NOTICE DATED Date of rejoinder to the reply notice. |
| 11. | ANNEXURE C-10: COPY OF LETTER DATED Date of letter issued by the claimant along with annexure ISSUED BY THE CLAIMANT, ALONG WITH ANNEXURE. |
| 12. | ANNEXURE C-11: COPY OF EMAILS EXCHANGED BETWEEN THE PARTIES. |
| 13. | ANNEXURE C-12: COPY OF ORDER DATED Date of order regarding air quality REGARDING AIR QUALITY. |
| 14. | ANNEXURE C-13: COPY OF MINUTES OF MEETING DATED Date of minutes of meeting (first), Date of minutes of meeting (second), Date of minutes of meeting (third) AND Date of minutes of meeting (fourth). |
| 15. | ANNEXURE C-14: COPY OF HINDRANCE REPORT ALONG WITH TRUE TYPED COPY. |
| 16. | ANNEXURE C-15: COPY OF THE ARBITRATION PETITION BEARING NO. Arbitration petition number/2023 FILED BY THE CLAIMANT BEFORE THE HON'BLE HIGH COURT OF DELHI. |
| 17. | ANNEXURE C-16: COPY OF THE ORDER DATED Date of High Court order (day).2024 PASSED BY THE HON'BLE HIGH COURT IN ARBITRATION PETITION BEARING NO. Arbitration petition number/2023. |
| 18. | VAKALATNAMA |
DELHICLAIMANT
THROUGH
DATED: Date of statement of claim (Advocate)
Counsel for Claimant
Off.: Counsel's office address, New Delhi-110019.
Mob. No.: Counsel's mobile number
Email: Counsel's email ID
BEFORE THE LD. SOLE ARBITRATOR, DELHI INTERNATIONAL ARBITRATION CENTRE, DELHI HIGH COURT AT NEW DELHI.
ARBITRATION CASE NO. Arbitration case number OF 2024.
IN THE MATTER OF:
Claimant's name,
Claimant's address, New Delhi-110016.: CLAIMANT
VERSUS
1. First respondent's name,
First respondent's address
Email: First respondent's email
2. Respondent's name,
Second respondent's address
Email: Second respondent's email
Mobile: Second respondent's mobile number
3. Third respondent's name,
Third respondent's address
Email: Third respondent's email
All at: Common address of the respondents, New Delhi-110045.: RESPONDENTS
STATEMENT OF CLAIM ON BEHALF OF THE CLAIMANT
MOST RESPECTFULLY SHOWETH:
1.That the Claimant is a Private Limited Company registered under the Companies Act, 1956, having its office at New Delhi, Delhi. The company is, inter alia, engaged in the business of construction. That owing to its distinguished working style and transparency, the Claimant has attained a commendable reputation not only in the State of Delhi but throughout the entire country, and is a revered name in the industry.
2.That as per the information available on the web portal of the Ministry of Corporate Affairs, First respondent's name i.e. Respondent No. 1 is a Limited Liability Partnership (LLP) based out of Delhi, which was officially incorporated on Date of incorporation of first respondent. That Mr. Respondent's name, Respondent No. 2, and Third respondent's name, Respondent No. 3, are the two Partners of Respondent No. 1 who are responsible for its day-to-day operations.
3.That after considerable negotiations between the Claimant and the Respondents, the Respondents were pleased to issue the Work Order dated Date of first work order (hereinafter referred to as the "WO"), thereby awarding to the Claimant the project at Project location, New Delhi, namely the construction of a warehouse building with materials (excluding concrete and steel) for the site situated at Project site address, Delhi, in accordance with the terms and conditions mentioned and agreed upon therein. It is pertinent to mention that the Respondents have, since inception, created hurdles in the execution of the project, which have led to extreme mental pressure and anxiety owing to their misconduct, high-handedness and improper dealings in relation to the WO.
4.That the Respondents are responsible for the day-to-day affairs of First respondent's name, and it was therefore their duty to adhere to and comply with all the terms and conditions of the WO, in letter and in spirit, as signed between the Claimant and the Respondents.
5.That the aforesaid final WO was sent and shared with the Claimant via email on Date WO was sent by email, whereas the hard copy of the same was collected from the Respondents' office on Date WO hard copy was collected. Thereafter, a hard copy of the said WO was signed by the Claimant on the same day and sent back to the Respondents on Date signed WO was returned to respondents.
6.That several emails have been exchanged between the Claimant and the Respondents, wherein the Respondents have admitted the fact that the project land was not demarcated until Date of demarcation of project land, and thereby the actual physical possession of the project land was handed over to the Claimant only on Date physical possession of project land was handed over, i.e., the date on which the WO was finally signed by the Claimant and handed over to the Respondents.
7.Even though the WO was prepared by mutual consent in the month of Month WO was prepared, the Respondents were unable to obtain the clearances and demarcation within the agreed-upon time period. Thus, there was a delay at their end in handing over possession of the project site to the Claimant until the end of Month possession was handed over.
8.As per the terms and conditions of the WO, the agreed-upon time period within which the construction was to be completed at the project land was seven months, i.e., six months and two weeks was the initial stipulated period in the WO, and thereafter a grace period of another two weeks.
9.Thus, the stipulated time period of seven months was to expire on Stipulated project completion date; however, to the Claimant's complete shock and dismay, an illegal termination letter was served upon the Claimant on Date of termination letter. That the said termination letter dated Date of termination letter is completely flawed, as the same has been issued without any reasonable grounds for such termination. The Claimant issued a detailed reply to the said termination letter on Date of reply to termination letter, to which the Respondents have neither paid any heed nor bothered to respond till date.
10.Moreover, as the Respondents are also aware, there was an NGT ban imposed on all construction sites in Delhi, which continued and extended for a period of 35 days, as a result of which no construction work could be carried out. Therefore, in calculating the time period within which the project site was to be completed, this period of 35 days has to be added over and above the seven-month period.
11.Additionally, there was a delay and stoppage of work of 7-10 days owing to NHAI work being carried out right outside the project site, because of which the Claimant was unable to bring its machines and raw materials to the site in order to carry out the construction work. Several communications via emails and WhatsApp chats have been exchanged between the parties, wherein the Respondents have accepted the fact that entry to the project site was blocked, and accordingly the Respondents had sought time to resolve the said issue with the NHAI. As per the terms and conditions contained in the WO, access to the project site was the responsibility of the Respondents, and any hindrance in the execution of the scope as per the WO has to be accounted for, and the Claimant deserves an extension of the very same number of days.
12.That the Respondents have also been made aware of the fact that there was a delay of 10-12 days owing to a shortage of concrete. The shortage of concrete was due to the Respondents' negligence, as the said duty and responsibility, as per the WO, was cast upon the Respondents to provide concrete to the Claimant at the project site. The said fact is recorded and evident from the various emails/WhatsApp chats, wherein the Respondents have admitted the shortage of, and delay in providing, concrete to the Claimant.
13.Further, in terms of the conditions contained in the WO, it was the duty of the Respondents to provide the drawings of the PT Beam and the boundary walls, which were to be installed and constructed at the project site. The Respondents failed to provide the said drawings within the agreed timelines, resulting in a delay of more than one month. This fact is evident and established from the most recent drawing, which was sent by the Respondents only on Date drawings were sent by respondents, that is, 17 days prior to the issuance of the termination letter dated Date of termination letter, thereby demonstrating the malafide and irresponsible intention and conduct of the Respondents in causing grave loss to the Claimant.
14.That if the aforesaid delays, namely, the NGT Ban and the inordinate delay attributable to the Respondents on account of the missing drawings, shortage of concrete and restricted entry to the project site, are duly calculated and accounted for, the Claimant is legally entitled to an additional period of 90 to 100 days for completion of the work at the project site, which automatically extends the project completion date to Extended project completion date. The said delays and the extension of the time period are recorded in various communications exchanged between the parties through emails and WhatsApp chats, wherein the Respondents have also admitted their fault and have, time and again, sought time to rectify the issues raised by the Claimant.
15.That the negligent and irresponsible conduct of the Respondents has caused grave financial loss and mental harassment to the Claimant. Even so, owing to the long-standing cordial relations between the parties, the Claimant attempted to resolve these issues amicably; however, the Respondents have failed to show any genuine interest in settling the outstanding claims payable to the Claimant.
16.That even after the illegal termination of the WO by the Respondents, which has caused grave financial loss to the Claimant, the Claimant has endeavoured to resolve the dispute amicably and, accordingly, shared the detailed claim with the Respondents through email, and also handed over a hard copy of the claim/dues to the staff of the Respondents along with all the supporting data and details.
17.However, to the utmost surprise of the Claimant, the Respondents, after a period of one month, raised a baseless counter-claim which is contrary to the WO executed between the parties. Such illegal and unsubstantiated counter-claim raised by the Respondents demonstrates their malafide intention of not settling the legitimate claims raised by the Claimant on amicable terms, and further reveals their ill intention to cheat the Claimant and cause further financial hardship and loss to the Claimant.
18.That the Claimant has attempted to engage with the Respondents in respect of the disagreements and disputes created by them; however, all efforts of the Claimant have failed, as the Respondents have refused to cooperate in settling the legitimate claims and disputes raised by the Claimant.
19.That the Claimant is left with no other option but to invoke the arbitration clause stipulated in the WO in order to recover the dues which the Respondents have withheld and refused to pay to the Claimant, thereby causing grave financial loss to the Claimant.
20.That by way of the legal notice dated Date of arbitration invocation notice, the Claimant, in terms of the WO and on account of the gross violation and breach of the terms of the WO, invoked the Arbitration Clause. The relevant extract of Arbitration Clause B of the Work Order applicable to the present case is reproduced hereinbelow for ready reference:
‘’If the dispute cannot be resolved pursuant to Clause A above within 10 calendar days of the commencement of negotiations, the dispute shall be referred to and finally resolved by arbitration administered under the Arbitration and Conciliation Act, 1996, as amended (the Arbitration Act), by a sole Arbitrator. Company name shall suggest 3 independent and distinguished persons out of which the agency shall choose one person to act as the sole arbitrator. The seat of the Arbitration shall be in New Delhi, India. The proceedings of the Arbitration shall be in English Language. The Arbitrator(s) shall also decide on the costs of the arbitration proceedings. The arbitration award shall be final and binding on the parties subject to applicable law in force and the award shall be enforceable in any court of competent jurisdiction in India. During the pendency of the arbitration proceedings, the parties shall continue to perform such of their obligations that are not the subject matter of the Dispute under this Agreement.’’
21.The process provided under Clause A of the Work Order now stands exhausted on account of the lack of cooperation of the Respondents, and the said clause was invoked by the Claimant by way of the notice dated Date of arbitration invocation notice, whereby the Claimant requested the Respondents to suggest and share 03 (three) independent names of arbitrators, within a period of 15 days from the receipt of the said notice, for adjudication of the disputes in terms of the WO.
22.That it is pertinent to mention that on Date of service of invocation notice, the Claimant served upon the Respondents the notice of invocation of the arbitral clause under the WO dated Date of arbitration invocation notice. It is relevant to note that the Respondents replied vide reply dated Date of respondents' reply to invocation notice, suggesting three names of arbitrators; however, in response to the said reply, the Claimant sent a rejoinder vide notice dated Date of rejoinder to respondents' reply, expressing its disagreement with the names so suggested by the Respondents. By such conduct, it is evident that the Respondents are not only in breach of their contractual mandate but also display disrespect for the rule of law, and their sole objective is to delay the resolution of the present dispute between the Claimant and the Respondents.
23.That the Claimant has been compelled to invoke the arbitration clause, which was incorporated precisely to address and resolve such disputes and differences arising between the parties in relation to the agreement, as narrated above.
24.That in light of the aforesaid, the Claimant was constrained to approach the Hon'ble Delhi High Court by filing Arbitration Petition bearing no. Arbitration petition number of 2023 under Section 11(6) of the Arbitration and Conciliation Act, 1996, for the appointment of a sole arbitrator under the aegis of the Delhi International Arbitration Centre. Accordingly, the Hon'ble High Court, vide order dated Date of High Court order referring disputes 2023, was pleased to refer the disputes under the aegis of the DIAC and constituted the present arbitral tribunal.
25.The Claimant craves leave of this Hon'ble Tribunal to rely upon various documents in support of the Statement of Claim, which are being filed herewith. By way of abundant caution and in the interest of justice, the Claimant further craves leave of this Hon'ble Tribunal to place reliance on any other or further documents which the Claimant may subsequently discover and which are found to be relevant and capable of assisting this Hon'ble Tribunal in arriving at a just decision.
In light of the above, it is most respectfully prayed as follows:
PRAYER
In view of the above, the Claimant most respectfully prays that this Hon'ble Tribunal may be pleased to award the following in favour of the Claimant:
i)Pass an award in favour of the Claimant and direct the Respondents to make payment of Rs. Claim amount (₹)/- (Claim amount in words), together with interest at the rate of 18% from its due date until the date of realisation of the payment;
ii)Pass an award in favour of the Claimant and direct the Respondents to pay the other charges incurred by the Claimant on account of the mis-representations and false assurances made by the Respondents;
iii)Direct the Respondents to pay all legal costs incurred by the Claimant in pursuing/defending legal proceedings before the Courts in Delhi and in the present arbitration proceedings, together with interest at the rate of 18% per annum.
iv)Direct the Respondent to pay pendent lite interest at 18% per annum to the Claimant on all sums found due and payable, from Date from which interest is payable till the date of conclusion of the present arbitration proceedings.
v)Award any other and further reliefs as this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case.
vi)Pass any further order(s) or direction(s) as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the present case and in the interest of justice.
DELHIDate of statement of claim
THROUGH
Name of Advocate for the Claimant
(Advocate)
Counsel for Claimant
Office: Counsel's office address
Mobile No.: Counsel's mobile number
Email: Counsel's email ID
BEFORE THE LD. SOLE ARBITRATOR,
DELHI INTERNATIONAL ARBITRATION CENTER,
DELHI HIGH COURT AT NEW DELHI.
ARBITRATION CASE NO. Arbitration case number
IN THE MATTER OF:-
Claimant's name: CLAIMANT
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
Affidavit of Deponent's name, aged about Deponent's age years, Deponent's designation / Authorised Representative of M/s. Claimant's name, Claimant's address, New Delhi-110016, do hereby solemnly affirm and declare as under:-
1.That I am the Authorised Representative / Director of the Claimant company in the present case and, as such, I am well conversant with the facts of the present case, and therefore, I am competent to depose to this affidavit.
2.That the submissions as to facts made in the Statement of Claim filed under Rule 15 of the DIAC (Arbitration Proceedings) Rules, 2018 have been drafted by my counsel, and the averments contained therein are true and correct to my knowledge, while the legal submissions made therein are based on legal advice received and believed to be true.
3.That the annexures annexed to the Statement of Claim are true copies of their respective originals.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Date of verification that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT