BEFORE THE HON’BLE ARBITRAL TRIBUNAL
COMPRISING HON’BLE MR. JUSTICE RETD. R. L.
MEHROTRA (RETD.) AS SOLE ARBITRATOR
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Civil Misc. Application No. of 2022
(Under Sub-Rule 3 of Rule 14 of Order 7 of the Code of Civil Procedure, 1908)
APPLICATION SEEKING LEAVE OF THE HON’BLE ARBITRAL
TRIBUNAL FOR RECEIPT OF ADDITIONAL EVIDENCE
On behalf of
M/s Vijendra Singh (a Partnership Firm) through its Partner Praveen
Kumar Singh, son of Late Vijendra Singh, resident of Jagdhispur,
Ballia.
……..Substituted Claimants/Applicants
IN THE MATTER OF ARBITRATION
BETWEEN
M/s Vijendra Singh and Another
……….Claimants
Versus
Central Warehousing Corporation and Others
………. Opposite Parties
To,
The Hon’ble Sole Arbitrator,
The humble Application on behalf of the above-named
Applicant most respectfully states as under:-
01. That the instant Application is being filed seeking leave of
the Hon’ble Arbitral Tribunal for receipt of Additional
Evidences, which the Claimant could not inadvertently enter
in the list of documents added to the Claim Petition.
02. That the necessary pleadings in regard to the same are
contained in the Claim Petition.
03. That filing of the Instant Application on behalf of the
Claimants is necessary for proper adjudication of the
controversy involved in the instant matter.
PRAYER
Wherefore, it is most respectfully prayed that this Hon’ble
Arbitral Tribunal may upon considering the facts and
circumstances enumerated in the accompanying Affidavit
be graciously be pleased to grant leave to the Claimant to
file Additional Evidence, which the Claimant could not
inadvertently enter in the list of documents added to the
Claim Petition.
Allahabad (Kunal
Shah)
Dated: 17.06.2022
Advocate
Counsel for the
Applicant
BEFORE THE HON’BLE ARBITRAL TRIBUNAL
COMPRISING HON’BLE MR. JUSTICE RETD. R. L.
MEHROTRA (RETD.) AS SOLE ARBITRATOR
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AFFIDAVIT
IN RE
Civil Misc. Application No. of 2022
(Under Sub-Rule 3 of Rule 14 of Order 7 of the Code of Civil Procedure, 1908)
IN THE MATTER OF ARBITRATION
BETWEEN
M/s Vijendra Singh and Another
……….Claimants
Versus
Central Warehousing Corporation and Others
………. Opposite Parties
Affidavit of Praveen Kumar
Singh son of Late Vijendra
Singh, Resident of Jagdishpur,
Ballia, Religious Persuasion
Hinduism, Profession:
Businessman
I, the deponent named above, do hereby solemnly affirm and state
on oath as under:
01. That the deponent is the partner of the above noted
claimant partnership firm and hence is fully acquainted with
the facts and circumstances of the case deposed
hereinbelow:
02. That the Claimant had raised a specific averment in his
Claim Petition that that the Regional Manager of the Central
Warehousing Corporation vide his letter dated 27.02.2015
has requested the Food Corporation of India to refund the
amount that it has withheld on account of Railway Transit
Loss, because for the Railway Transit Loss, neither the
Claimant nor the Corporation is responsible.
03. That in the aforesaid Letter the Regional Manager of the
Central Warehousing Corporation has further stated that the
deduction made by the Food Corporation of India is not in
accordance with the circular dated 06/09.11.1998.
04. That though the circular dated 06.09.1998 issued by the
Food Corporation of India has been specifically referred in
the aforesaid letter dated 27.02.2015 of the Regional
Manager, however the Claimant was not in possession of
the same and having procured the same the Claimant is
filing a copy of the same by means of the instant
Application. A copy of the circular dated 06.09.1998 is
annexed herewith as Annexure-1 to the instant Affidavit.
05. That so as to further substantiate the assertion that at no
point in time before preferring the Application for
appointment of Arbitrator, the Central Warehousing
Corporation refused to disburse the amount rather on the
contrary the Central Warehousing Corporation on multiple
occasions were exchanging correspondences with the Food
Corporation of India exhibiting an acknowledgment of the
liability in respect of the payment in favour of Claimant, the
Claimant seeks the leave of this Hon’ble Court to bring on
record the letter dated 17.04.2017 of the STG & INSP.
OFFICER (H&T) on behalf of the Regional Manager. A copy of
the letter dated 17.04.2017 by the STG & INSP. OFFICER
(H&T) on behalf of the Regional Manager is annexed
herewith as Annexure-2 to the instant Affidavit.
06. That the aforesaid letter was issued by the STG & INSP.
OFFICER (H&T) on behalf of the Regional Manager. In the
aforesaid letter it has been stated that the Claimant firm
has asked for disbursement of security amount and balance
consideration for the handling and transportation work
which it has rendered at Ballia. It was further stated in the
letter dated 17.04.2017 that the Food Corporation of India
may stipulate any recovery which is to be made and in case
no information is furnished within 15 days, further action
shall be taken.
07. That the aforesaid letter is an acknowledgement of the
subsisting jural relationship of creditor and debtor which
would be elucidated in the course of arguments.
08. That the Applicant could not inadvertently file the aforesaid
letter dated 17.04.2017 and in the interest of justice this
Hon’ble Tribunal may be pleased to permit the Claimant to
adduce the aforesaid letter as additional evidence.
09. That in light of the aforesaid facts and circumstances
enumerated in the accompanying Affidavit, this Hon’ble
Arbitral Tribunal may graciously be pleased to grant leave to
the Claimant to file Additional Evidence, which the Claimant
could not inadvertently enter in the list of documents added
to the Claim Petition.
Allahabad Deponent
Dated: 17.06.2022
VERIFICATION
I, the deponent above named do hereby solemnly affirm on
oath and do hereby verify that the contents of Paragraphs Nos. 1,
2, 3, 8 and 9 of this Affidavit are true to my personal knowledge,
while those of Paragraphs Nos. 4, 5 and 6 are believed to be true
by me on the basis of record, while those of Paragraphs No. 7 is
believed by me to be correct on the basis legal advice. No part of
it is false and nothing material has been concealed. So help me
God.
DEPONENT
IDENTIFICATION
I, Suvansit Kumar Jaiswal, Advocate, declare that I am
satisfied on the grounds stated below that the person making this
affidavit and alleging himself to be Pravin Kumar Singh son of Late
Vijendra Singh is that very person.
Grounds:
Identity proof of Pravin Kumar Singh which is also appended
to the Affidavit.
Person Identifying the Deponent
Suvansit Kumar Jaiswal
Advocate Roll No: A/S 0494/2019
(Advocate)
Solemnly affirmed before me by the deponent Pravin Kumar
Singh on 17th June, 2022, at ………… a.m./p.m who has been
identified by Mr. Suvansit Kumar Jaiswal, Advocate, High court,
Allahabad. I have satisfied myself by examining the deponent that
he understands the contents of this affidavit which have been
read over and explained to him by me.
Notary Officer
BEFORE THE HON’BLE ARBITRAL TRIBUNAL
COMPRISING OF HON’BLE MR. JUSTICE R. L.
MEHROTRA (RETD.) AS SOLE ARBITRATOR
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INDEX
In RE
Civil Misc. Application No. of 2022
(Under Sub-Rule 3 of Rule 14 of Order 7 of the Code of Civil Procedure, 1908)
IN THE MATTER OF ARBITRATION
M/s. Vijendar Singh and Others .….Applicant/Claimant
Versus
Central Warehousing Corporation and Others
………. Opposite Parties.
Sl. Particulars Page
No No.
1. Application Seeking Leave of The Hon’ble
Arbitral Tribunal for Receipt of Additional
Evidence on behalf of the Claimant
2. Affidavit in Support of Application Seeking
Leave of The Hon’ble Arbitral Tribunal for
Receipt of Additional Evidence on behalf of the
Claimant
3. Annexure-1
Copy of the Circular dated 06.11.1998 issued
by the Food Corporation of India
4. Annexure-2
Copy of the letter dated 17.04.2017 by the STG
& INSP. OFFICER (H&T) on behalf of the
Regional Manager
5. Identity Proof
Allahabad (Kunal
Shah)
Date: 17.06.2022
Advocate
Counsel for the Applicant/Claimant
BEFORE THE HON’BLE ARBITRAL TRIBUNAL
COMPRISING OF HON’BLE MR. JUSTICE R. L.
MEHROTRA (RETD.) AS SOLE ARBITRATOR
****************
ANNEXURE-
In RE
Civil Misc. Application No. of 2022
(Under Sub-Rule 3 of Rule 14 of Order 7 of the Code of Civil Procedure, 1908)
APPLICATION SEEKING LEAVE OF THE HON’BLE ARBITRAL
TRIBUNAL FOR RECEIPT OF ADDITIONAL EVIDENCE
IN THE MATTER OF ARBITRATION
M/s. Vijendar Singh and Others .….Applicant/Claimant
Versus
Central Warehousing Corporation and Others
………. Opposite Parties.
