BEFORE THE LD.

SOLE ARBITRATOR
MR. SHANAY SHAH, ADVOCATE
In the matter of arbitration between:
Subhash Nagar Kiran Samrat
C.H.S. Ltd. …Claimant / Resp. in C.C.
And
G.A. Builders Pvt. Ltd. …Respondent / Counter Claimant

APPLICATION OF THE RESPONDENT FOR STRIKING OFF

EVIDENCE

1. The Respondent states and submits the deposition of Mr. Anup M.

Wadhwa, witness of the Claimant as contained in his Affidavit in Lieu
of Examination in Chief dated 5th January 2023 contains various material
not forming evidence, capable of being adduced in accordance with the
principles of Order XVIII R.4 and the principles of the Indian Evidence
Act, 1872, being matter that is irrelevant, inadmissible in the nature of
arguments, submissions, prayers and / or hearsay as more particularly set
out in the schedule hereinbelow.

2. In these premises the Respondents submit that it is just, necessary and

equitable that this Hon’ble Arbitral Tribunal be pleased to pass an Order
and direction that the evidence / deposition of Mr. Anup M. Wadhwa,
witness of the Claimant, as set out in the schedule hereto be struck off
and / or ignored.

3. The Respondent accordingly prays:

(a) that this Hon’ble Arbitral Tribunal be pleased to pass an Order and
direction that the evidence / deposition of Mr. Anup M. Wadhwa,
witness of the Claimant contained in this Affidavit in Lieu of
 examination in Chief dated 5th January 2023, to the extent set out in
the schedule hereto be struck off and / or ignored;

(b) for further and other reliefs as this Hon’ble Arbitral Tribunal may
deem fit and proper in the facts and circumstances of the present case.

Dated this 20th day of January 2023

For M/s. AVP Partners

Advocates for the Respondent

 Schedule

i. Paragraph 9 from “I say that the respondent has raised …” till “…

there is no question of respondent paying to the members of the
claimant rent / compensation for occupying alternate
accommodations.”

ii. Paragraph 22 from the second sentence “The Respondent admitted

payment of rents….” till the bottom of the page “…their respective
tenements in the said building.”

iii. Paragraph 22 from and upto “The Respondent did not reply …
implementation of development work of the said property.”

iv. Paragraph 27 starting from “Such conduct on part of the Respondent

established …” till the end of the paragraph “… canceled and revoked
and the said documents are ineffective and not enforceable or binding
upon the Claimant.”

v. Paragraphs 28, 29, 30, 31, 36 and 37 in their entirety.

vi. Para 34 from “In these circumstances, the Claimant submits …” till
the end of the paragraph.

vii. Para 35 from “Thus, the Respondent are liable to compensate the
Claimant …” till the end of the paragraph.