BEFORE THE LD.
PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE
COMMERCIAL COURT, BENGALURU
I.A. NO. ___ / 20__
IN
COM. O.S. NO. ___ / 20__
BETWEEN:
(Name of Petitioner)
… APPLICANT
AND
(Name of Respondent)
… RESPONDENT
INDEX
Sr. No. Description Page Nos.
01. Memo of Parties
02. Application under Section 9 of the
Arbitration and Conciliation Act,
1996 praying for urgent ad-interim
relief in the captioned matter, along
with supporting Affidavit
03. List of documents along with
documents:
ANNEXURE – 1:
ANNEXURE – 2:
04. Vakalathnama
Place: Bengaluru
Date: __.__.20__
COUNSEL FOR THE (APPLICANT / RESPONDENT)
BEFORE THE LD. PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE
COMMERCIAL COURT, BENGALURU
I.A. NO. ___ / 20__
IN
COM. O.S. NO. ___ / 20__
BETWEEN:
(Name of Petitioner)
… APPLICANT
AND
(Name of Respondent)
… RESPONDENT
MEMO OF PARTIES
BEFORE THE LD. PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE
COMMERCIAL COURT, BENGALURU
I.A. NO. ___ / 20__
IN
COM. O.S. NO. ___ / 20__
BETWEEN:
(Name of Petitioner)
… APPLICANT
AND
(Name of Respondent)
… RESPONDENT
APPLICATION UNDER SECTION 9 OF THE ARBITRATION
AND CONCILIATION ACT, 1996 SEEKING URGENT INTERIM
ORDERS ON ACCOUNT OF A DISPUTE ARISING OUT OF AN
AGREEMENT (state nature of transaction).
The Applicant above-named most respectfully submits:
1. That the Applicant is a company duly registered under the
Companies Act 1956. The present petition is being filed through
__________, Managing Director of the petitioner company who is
duly authorised vide Board Resolution dated ____________ to
sign/verify/prosecute the present petition before this Hon’ble
Court and to do such other and necessary acts which may be
required to be done on the advice of the Advocate(s) in
connection with the aforementioned petition.
2. That the Applicant is a company engaged in the business of (state
nature of business). The Applicant company has enviable
goodwill in the market which it has earned over the last several
years in the business.
3. That Respondent is a company incorporated under the provisions
of Companies Act 1956 having its registered office at
__________________, and its Head Office at
__________________ and is represented through its Director Mr.
______.
4. (state in brief the particulars of the transaction leading up to the
appointment of arbitrator, or arising of the dispute if no arbitrator
appointed).
5. (contd…)
6. (contd…)
7. (contd…)
8. (contd…)
9. (contd…)
10.That it is thus a fit case where urgent interim orders may be
passed and it would be most fair and in the interest of justice that
interim orders may be granted in favour of the Applicant and the
rights of the Applicant be protected.
11.That it is settled proposition of law that commencement of any
arbitral proceedings is not precondition for exercise of powers by
the Hon’ble Court under Section 9 of the Act. The Hon’ble Court
has powers to grant Interim relief to protect the interest of the
parties.
12.It has also been held in catena of Judgments of the Hon’ble
Supreme Court that Section 9 of the Arbitration and Conciliation
Act 1996 only deals with interim measures by the court and in a
fit case where interest of parties ought to be protected, such
interim orders may be passed under Section 9 of the Act. It has
further been held that a party or a person is entitled to interim
protection if other party is either in the breach of terms of the
agreement or militates against equity, fair play and natural justice.
It is, therefore, respectfully submitted that in view of the settled
proposition of law, the Hon’ble Court may be graciously pleased
to pass Interim Order.
CLAIM
13.That the Applicant company has entered into an agreement to
(state the purpose of agreement) and in case of non – performance
of the contract and the present dispute, the claim for damages of
the Applicant company are quantified as under:
a.
b.
CAUSE OF ACTION
14.(state when cause of action arose for S. 9). The cause of action is
thus a continuing one and still subsisting.
TERRITORIAL JURISDICTION
15.The registered offices of the parties are at ________, therefore,
this Hon’ble Court has territorial jurisdiction to hear and
adjudicate the present petition.
COURT FEE
16.That the Applicant company has paid the requisite court fees on
this application.
NO OTHER APPLICATION FILED
17.That the Applicant has not filed any other or similar petition
before this Hon’ble Court or before any other Court of competent
jurisdiction.
PRAYER
18.It is therefore most respectfully prayed that this Hon’ble Court
may kindly be pleased to:
a. (prayer 1)
b. (prayer 2) etc
c. Pass any other or further order(s) as this Hon’ble Court
may deem fit and proper in the given facts and
circumstances of the case in the interest of justice.
For this act of kindness the Applicant shall, as in duty-bound, ever pray.
(Applicant)
Place: Bengaluru
Date: __.__.20__
VERIFICATION
I, ________________, S/o _________________, aged about __ years,
R/o ___________________________________, do hereby declare that
the facts stated above are true and correct to the best of my knowledge,
information and belief. Dated this __ day of ___________, 20__.
(Applicant)
Counsel for the Applicant
(Name)
(Address)
(Contact; Email)
BEFORE THE LD. PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE
COMMERCIAL COURT, BENGALURU
I.A. NO. ___ / 20__
IN
COM. O.S. NO. ___ / 20__
BETWEEN:
(Name of Petitioner)
… APPLICANT
AND
(Name of Respondent)
… RESPONDENT
AFFIDAVIT
I, _____ S/o _________, aged about _____ years, R/o ___________do
hereby solemnly affirm and state as under:
1. That I am the Managing Director of the Applicant Company and
have been duly authorised by Board Resolution dated _______ in
the above case and conversant with the facts of the case & hence
competent to affirm this affidavit.
2. That the accompanying petition has been drafted by my counsel
on my instructions. The contents of the same are not being
reproduced here for the sake of brevity but those may kindly be
read as part & parcel of this Affidavit.
3. That the contents of the Affidavit are true & correct to my
knowledge.
DEPONENT
VERIFICATION
Verified by me at ________ on this the ____ day of ________ that the
contents of the above Affidavit are true and correct to my knowledge, no
part of it is false and nothing material has been concealed therefrom.
DEPONENT
BEFORE THE LD. PRINCIPAL CITY CIVIL AND SESSIONS
JUDGE
COMMERCIAL COURT, BENGALURU
I.A. NO. ___ / 20__
IN
COM. O.S. NO. ___ / 20__
BETWEEN:
(Name of Petitioner)
… APPLICANT
AND
(Name of Respondent)
… RESPONDENT
LIST OF DOCUMENTS
Sr. No. Description Page No.
01.
02.
03.
04.
05.
06.
07.
08.
Applicant
THROUGH:
COUNSEL FOR THE APPLICANT
(Name)
(Address)
(Contact; Email)
Place: Bengaluru
Date: __.__.20__
(Vakalath)
