Petition under Section 34 Challenging an Arbitral Award (India)
This is a legal template for filing a petition under Section 34 of the Indian Arbitration and Conciliation Act, 1996, to challenge or set aside an arbitral award. It provides a structured format to outline the grounds for challenge, jurisdictional details, and the specific relief sought from a District Judge.
PETITION UNDER SECTION 34 CHALLENGING THE AWARD
In the Court of District Judge,
…………………………….
Regular Suit No. ________________of 20……………………….
Mr………………………………………………………………......... Petitioner/Applicant;
Vs.
Mr…………………………………………… ............................Respondent/Opposite Party.
The petition/application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside of the award dated: — — -----------—,served on—_________________________, passed by CDF [Sole Arbitrator/Arbitral Tribunal Comprisin ………………………………............]
in the case of ………….vs. ………………….., etc.
Valuation: Court Fee: The petitioner/applicant above named begs to state as under:—
1. That……………………….... [Brief facts of the case inclusive of grounds of challenge in paragraph wise form]
2.That...... …………………
3. That this Hon'ble Court has jurisdiction to hear this suit as the cause of action has accrued within the territorial jurisdiction of this Court. The valuation of the petition is Rs.......................... Upon which a court
Fee of Rs……………………………………........ Is being paid herewith.
PRAYER
Wherefore, the petitioner/applicant prays for the following reliefs:
The award dated ______________ passed by CDF may be set aside for the facts and
Circumstances stated to in the present application/petition.
OR
Remit the matter to the arbitrator for reconsideration and adjudication in
accordance with the provisions of the Arbitration and Conciliation Act, 1996.
This Court may be further pleased to grant such other relief as it may deem
just and proper in the facts and circumstances of this case. Award the cost of these proceedings.
……………………….
Dated:
Applicant.
Through Advocate
VERIFICATION
I, ………………………………., the petitioner/applicant above named do hereby verify that the
contents of paragraphs .................. to. ......................... are true to my personal knowledge, while
those of paragraphs. …………………………... to ………………........ are based on legal advise and records.
……………………….
DATED:
Applicant.
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