for example: TATA AIG

  for example: Indian Contract Act

  for example: Ratan Tata

  for example: Negotiable Instruments Act

Section 803 - C   [ View Judgements ]

Contents of Petition


(a) Every petition shall be divided into paragraphs numbered consecutively and shall contain a concise form of statement of the material facts relied on and the nature of the relief asked for and shall clearly specify the persons liable to be affected thereby.



The original Arbitration Agreement or the Award or duly certified copy thereof, if any, shall whenever necessary be annexed to the petition.

(b) Every petition under section 27 of the Act shall specify:-

(i) the names and addresses of the parties and the arbitrators;

(ii) the general natural of the claim and the relief sought;

(iii) the evidence to be obtained in particular;

(a) the name and address of any person to be heard as witness or expert witness and a statement of the subject matter of the testimony required;

(b) the description of any document to be produced or property to be inspected;



(c)Every petition under section 47 of the Act shall be accompanied by the original Award or a copy thereof, duly authenticated in the manner required by the law of the country in which it was made; the original agreement for arbitration or a duly certified copy thereof; and such documentary evidence as may be necessary to prove that the award is a foreign award. If the award or agreement to be produced is in a foreign language, the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or a consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law in force in India.



(d) Every petition under section 56 of the Act shall be accompanied by the Original Award or a copy thereof duly authenticated in the manner required by Law of the Country in which it was made; evidence proving that the Award has become final; and such documentary evidence as may be necessary to prove that the conditions mentioned in clauses (a) and (c) of sub-section (1) of section 57 of the Act are satisfied. Where any documents to be produced, alongwith the petition is in a foreign language the party seeking to enforce the award shall produce a translation into English certified as correct by a diplomatic or consular agent of the country to which the party belongs or certified as correct in such other manner as may be sufficient according to the law in force in India.



(e) Every petition for enforcement of a foreign award shall be accompanied by an affidavit or affidavits showing that :-

(i) the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;

(ii) the subject matter of award is capable of settlement by Arbitration under the law of India;

(iii) the award has been made by the arbitral tribunal provided for in the submission to a arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure;

(iv) the award has become final in the country in which it has been made, in the sense that it will not be considered a such if it is open to opposition or appeal or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;

(v) the enforcement of the award in not country to the public policy or the law of India.



(f) Procedure to be followed in case of non-production of documents with petition - If the application under section 47 and 56 of the Act, be presented without the document specified in Rule 803C (c) and (d) it shall forthwith be returned to the party presenting it. If such application is not accompanied by the documents specified in Rule 803C (c) and (d) the Judge may allow, time to file such documents.

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