8.

That, vide legal notice dated 15 th March 2023, the claimant duly
notified the Respondents and called upon the Respondents to pay the
above-mentioned amount along with interest. It was also notified to the
Respondents that in case of failure to comply with the said notice within
the stipulated time, it shall be presumed that a dispute has arisen
between the respondents and the claimant and as per the Contract
dated 29th December 2016, the same shall be referred to Arbitration by
a Sole Arbitrator to be appointed as per the relevant clause provided
under the said Contract, for initiating arbitration proceedings. The copy
of said legal notice dated 15th March 2023, sent to the Respondents by
the Advocate on behalf of Claimant is attached herewith at Exhibit-__.

9. Despite the aforesaid legal notice, the Respondents failed and

neglected to comply with the same and failed to refund the amount, due
and payable to the Claimant, thus the respondents deliberately
failed/avoided adhering to the terms and conditions of the said Contract
dated 29th December 2016.

10. That under the above said circumstance, claims/disputes have

arisen in connection with the terms and conditions of the said contract
which is binding on claimant and the respondents. Further, it has been
specifically agreed between the parties that all disputes shall be settled
exclusively and finally by Arbitration by an Arbitral Tribunal comprising
of a Sole Arbitrator.

11. This tribunal will provide the statutory disclosure in the prescribed
format, under the Suth Schedule as per the Scction 12(1) of the
Arbitration and Conciliation Act, 1996 and as per the amendments tli
date, in connection with appointment of sole arbitrator.
12. Despite the service of legal notice, the respondents have failed to
refund the amount even after gross breach of said contract. Accordingly,
in the circumstances, it is clear from the conduct of the respondents that
they have no intention to make the payments to the claimant. In these
circumstances the claimant left with no other alternatives except to
approach this tribunal for recovering the lawful dues from the
respondents by way of the present claim.

14. That in the above circumstances, the claimant submits that this is a
fit case where pending arbitration proceedings, urgent interim and ad
interim relicfs in terms praycd for is granted failing which the claimant’s
right against the respondent will be irretrievably prejudiced and grave
irreparable loss, harm and injury will be caused to the claimant. The
balance of convenience is entirely in favor of the claimant.

15. That the claim has been instituted, within the prescribed period of
limitation. The cause of action to institute the claim is subsisting.

16. That the Claimant reserves that right to alter, amend, and modify the
claims as well as raise and file additional grounds at any point of time,
during the pendency of the dispute before the Ld. Arbitrator.