BEFORE XXXXXX; LD. SOLE ARBITRATOR;

DELHI INTERNATIONAL ARBITRATION CENTRE;

NEW DELHI.

ARB. CASE NO. DIAC/XXXXX

IN THE MATTER OF:

XXXXX                                                       : CLAIMANTS

VERSUS

XXXXX                                                        : RESPONDENTS

                                                                      N.D.O.H.:- **.**.20**

APPLICATION TO FORMALLY EXHIBIT THE ORIGINAL ATTORNEY’s DATED 12.07.2019 BY CLAIMANT NO.1 AND CLAIMANT NO. 2 RESPECTIVELY IN FAVOUR OF CLAIMANT NO.3 WHICH HAD ALREADY BEEN FILED ON RECORDALONG WITH THE EVIDENCE.

MOST RESPECTFULLY SHOWETH:

1.              Admittedly, the Claimant no.1 and Claimant no.2 are duly represented by Claimant no.3 as their Attorney Holder vide the Attorney dated 12.07.2019 AND Attorney dated 12.07.2019 respectively [“the Attorney”] to lead evidence on their behalf. Admittedly, the Claimants are legal heirs of XXXXX, who infact established the Firm XXXXX Auto Electrical’s. The attorney’s have been duly filed alongwith the evidence at page no.294 and page no.297 respectively alongwith the evidence.

2.              That the Attorney is the son of Claimant no.1 and the brother of Claimant no.2. The dispute admittedly pertains to the documents on records and pertains to close knit family members i.e. Respondent No.1, who is real uncle of the Attorney and Respondent no.2 [a company fraudulently established by the Respondent No.1 only]. Admittedly, all the Claimants have been duly construed as partners in the Firm- XXXXX as reflected vide various pleadings and official records duly admitted before this Hon’ble Court. In any case, the Claimant No.3 had been around 18 years at the relevant time and thus was completely aware of the modalities and the personal knowledge about the transactions pertaining to the Firm’s business and facts stipulated in the Statement of Claim and thus competent to depose not only in individual capacity but also as Attorney for and on behalf of Claimant no.1 and Claimant no.2.

3.              That the evidence so filed before this Hon’ble tribunal had been of Claimant no.3 in his individual capacity as well as attorney of the other claimants. Admittedly, the Attorney authorizing him to depose for and on behest of the Claimant no.1 and Claimant no.3 has already been on record and filed along with the evidence. However, inadvertently while marking the exhibits, inadvertently the original Attorney filed and already on record was inadvertently not exhibited.

4.              By way of this application, the applicant herein requests this Hon’ble tribunal to formally exhibit the Attorney as Exhibit-CW-1/1A for the sake of convenience and in the interest of justice.

5.              Admittedly, the evidence duly mentions the factum of representation of the Claimant no.1 and Claimant no.2 through Attorney and the original attorney’s had been duly attached/filed alongwith the Evidence.

6.              That no loss or prejudice would be caused to the Defendants as already the Attorney’s had been on record and extensive cross- examination has taken place qua the same. Further, it is trite in law that in an arbitration, the rigors of CPC and Evidence Act are not attracted.

In light of the above, it is earnestly requested that:

A.   To allow marking of Exhibit no.-CW-1/1A AND Exhibit no. CW-1/1Bor by any other marking upon the original Attorney’s dated 12.07.2019 respectively, which are already filed on record and filed alongwith the Evidence on Affidavit of CW-1.

B.   Any other order, as this Court deems fit.

DELHI                                                                    CLAIMANTS

THROUGH

DATED

XXXXX

ADVOCATES

XXXXX

XXXXX

EMAIL: XXXXXXX

BEFORE XXXXX; LD. SOLE ARBITRATOR;

DELHI INTERNATIONAL ARBITRATION CENTRE;

NEW DELHI.

ARB. CASE NO. DIAC/XXXXX

IN THE MATTER OF:

XXXXX                                                        : CLAIMANTS

VERSUS

XXXXX                                                        : RESPONDENTS

AFFIDAVIT

Affidavit of XXXXX, aged about __ years, S/o XXXXX, Partner of XXXXX, R/o XXXXX, New Delhi, do hereby solemnly affirm and declare as under:

1.       That I am the Claimant no.3 and attorney holder of Claimant No.1 and 2 duly represented as their Attorney Holder vide Attorney dated 12.07.2019 and am fully conversant with the facts leading to filing the accompanying petition and I am competent to swear this affidavit.

2.       That the contents of accompanying application has been drafted by my counsel under my instructions and its content have been read over and explained to me in my vernacular, which are true and correct to my knowledge and belief and its contents shall be read as part and parcel of this affidavit, which are not repeated herein for the sake of brevity.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this ____ day of April, 2024 that the contents of the above affidavit are correct to my knowledge, no part of it is false and nothing has been concealed therefrom.

DEPONENT