SCHOOL OF LAW, KIIT UNIVERSITY
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Assignment of Alternative Dispute Resolutions
For the Academic Year 2013-2014
SUBMITTED BY:-
SAMYAK SATYARANJAN TRIPATHY
BBA-LLB (8th Sem,4th year)
982092
Arbitration Agreement
Agreement for the reference out of court to one arbitrator an agreement made on the 01 day of January 2012 between Rajat Gupta and Suniel Tiwari of etc. of the one part and Seema Gupta and Chinmay Tripathy of the other.
Whereas by a mortgage deed dated 01/03/2010 made between the parties the first party hypothecated its property at Bhubaneswar to secure payment of Rs. 25,00,000/- to the second party.
And whereas disputes and differences have arisen and are now subsisting between the parties hereto touching the construction of and the rights and liabilities of the parties under the said deed in particular (a) How much amount is due by Seema Gupta and Chinmay Tripathy to the said Rajat Gupta and Suniel Tiwari on account of principle and interest on the basis of the deed?(b) Whether the property mortgage and the persons of Seema Gupta and Chinmay Tripathy are also liable or not , (c) whether Seema Gupta and Chinmaya Tripathy are entitled to any instalments.
1. Now it is hereby agreed that the said disputes and differences shall be referred and the same are hereby referred to the award and determination of property of etc
2. The said arbitrator shall make his award in writing under his award in writing under his hand within three months from the date hereof and within such extended time not exceeding 6 months and he should enlarge the time of making the award.
3. The arbitrator may proceed ex parte in case either party fails to appear the reasonable notice.
4. This agreement shall remain effective and enforceable against the legal representative of either party