DTP—III-2 (11)

TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 11]

CHENNAI, WEDNESDAY, MARCH 17, 2021

Panguni 4, Saarvari, Thiruvalluvar Aandu–2052

[11]

Part III—Section 2

Statutory Notiﬁ cations and Orders issued by

Heads of Departments.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2021

[Price : Rs. 6.40 Paise.

CONTENTS

GENERAL NOTIFICATIONS

TAMIL NADU POLLUTION CONTROL BOARD, CHENNAI

Amendment to The Tamil Nadu Pollution Control Board, (Discipline and Appeal) Regulations ..

JUDICIAL NOTIFICATIONS

The Madras High Court (Arbitration) Rules, 2020

12-24

Pages.

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

______

JUDICIAL NOTIFICATIONS

The Madras High Court (Arbitration) Rules, 2020.

(Roc. No. 85/2020/MHCAC)

No. SRO C-7/2021.

In exercise of the powers conferred by Section 82 of the Arbitration and Conciliation Act, 1996 (Act 26 of 1996),

the High Court of Judicature at Madras hereby makes the following rules:-

1. Short Title, Applicability and Commencement:

(i) These Rules may be called 'The Madras High Court (Arbitration) Rules, 2020'.

(ii)

These Rules shall apply to proceedings before the Courts in Tamil Nadu and Puducherry under The

Arbitration and Conciliation Act, 1996.

(iii) These Rules shall come into force on and from the date of their publication in Tamil Nadu Government

Gazette' and 'Puducherry Government Gazette'.

2. Deﬁ nitions: In these Rules, unless the context otherwise requires:

(i)

“Act” means The Arbitration and Conciliation Act, 1996 as amended from time to time.

(ii) “Code” means Code of Civil Procedure, 1908 as amended from time to time.

(iii) “Practice Directions - Arb.” shall mean directions issued from time to time by the Chief Justice in

terms of Rule 11 (v) hereinbelow provided for the guidance of the Court.

Words and expressions not deﬁ ned herein but deﬁ ned in the Act shall have the meanings ascribed to them in the Act.

3. Nomenclature and Cause Title: Applications under the Act are given diﬀ erent nomenclatures in these Rules for the

purpose of procedural convenience:

(i)

Every application ﬁ led under Sections 8, 9, 27, 29 A (5), 34 (3), 34 (4), 36 (3), 39 (2), 41 (2),43 (3),45

and 54 of the Act shall be numbered as 'Arbitration Application' (;Arb Appln.' in short).

(ii) Every application ﬁ led under Sections 11, 14, 34, 47 to 49 and 55 to 58 of the Act shall be numbered

as 'Arbitration Original Petition' (‘Arbo O.P.’ in short).

(iii) Every appeal ﬁ led under Sections 37, 50 and 59 of the Act shall be numbered as 'Arbitration Appeal'

('Arb. Appeal' in short).

(iv) Every application ﬁ led under Sections 17 (2) and 36 of the Act shall be numbered as 'Arbitration

Enforcement Petition' ('Arb. E.P.' in short).

(v) Subject to the above sub-rules (i) to (iv), all interlocutory applications in pending proceedings and all

other proceedings ﬁ led under the Act shall be numbered as per sub-rule (i).

4. Formats:

(i)

Every Arbitration Application under Rule 3 (i) shall be in the form of a Judge's Summons (in the High Court)

or a Petition (in other Courts) containing the relief sought and shall be supported by an aﬃ davit containing

the relevant facts and circumstances.

(ii)

Every Arbitration Original Petition under Rule 3 (ii) shall set out the facts in brief, the basis of challenge,

wherever the award is challenged and the relief sought.

(iii)

The petition shall be veriﬁ ed by an aﬃ davit.

(iv) Every Arbitration Appeal under Rule 3 (iii) shall be in the form of memorandum, setting forth concisely and

in distinct heads the grounds of appeal, numbered consecutively. The memorandum of appeal shall not give

details of the disputes or the proceedings before the arbitral tribunal or the Court.

(v)

Every Arbitration Enforcement Petition under Rule 3 (iv) shall be in the form prescribed under the Code and

the Rules of the High Court, Madras, Original Side, 1994, as applicable.

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(vi) Proceedings before the Court under the Act shall bear as part of the cause title the description 'In the matter

of Arbitration and Conciliation Act, 1996' and 'In the matter of Arbitral Agreement dated.............. ' or 'In the

matter of Arbitral Award dated.............', as the case may be.

(vii)

Petitioner or Applicant shall disclose all previous proceedings with respect to the arbitration agreement,

out of which the subject matter of the present proceedings arise, including the court or forum where such

proceedings have been ﬁ led, whether pending or disposed.

(viii)

Documents to be ﬁ led in proceedings governed by these Rules shall be as prescribed in Practice Directions

from time to time.

5. Filing procedure:

(i)

To the extent applicable, the ﬁ ling procedure in respect of proceedings under the Act shall be in accordance

with:

Code of Civil Procedure, Original Side Rules and Appellate Side Rules in the High Court, Code of Civil

Procedure and Civil Rules of Practice in Courts other than the High Court.

(ii)

The ﬁ ling procedure shall also be in accordance with Practice Directions issued from time to time under

these Rules.

(iii)

Subject to sub-rule (iv), the sole arbitrator or arbitrators constituting the Arbitral Tribunal shall not be added

as respondent or respondents. However, the petitioner shall give the names and the addresses for services

of the sole arbitrator or all the arbitrators constituting the arbitral tribunal.

(iv)

Where allegations (including but not limited to proceedings under Section 14 and clause (i) of explanation

1 of sub-section 2 (b) of Section 34) are made against one or more arbitrators, all the arbitrators shall be

made respondents.

6. Procedure in relation to applications under Section 9 of the Act:

(i) When an application is made for an interim measure, under Section 9 of the Act, the Court may -

(a)

issue notice to the respondent; or

(b) make an ex-parte interim order that it thinks ﬁ t in accordance with the terms of the Code, where

applicable; or

Provided that, where it is proposed to make an order by way of interim measure without giving notice of

the application to the Respondent, the Court shall record the reasons for its opinion that the object of granting

the interim measure would be defeated by delay and require the applicant:

(a) to deliver to the Respondent, or to send to him by registered, speed post with acknowledgement due, within

a day of the order granting the interim measure:

(i)

a copy of the application;

(ii)

a copy of the aﬃ davit ﬁ led in support of the application; and

(iii)

a copy of documents ﬁ led along with the application.

(b)

to cause to be ﬁ led, within the day immediately following the day on which such interim order is

granted, an aﬃ davit stating that Rule 7(1 )(a) has been complied with.

(ii)

Where an interim order has been granted without giving notice to the Respondent, the Court shall make

an endeavour to ﬁ nally dispose of the application within thirty days from the date on which the interim

order was granted.

(iii) In an application for interim measure ﬁ led before the commencement of the arbitral proceedings, the

application shall speciﬁ cally refer to the steps, if any, already taken to seek arbitration or demonstrate

the intent to seek arbitration.

7. Procedure in relation to petitions under Section 11 of the Act:

(i)

Every petition under Section 11 shall be posted for admission before the Court. On hearing a petition

under Section 11 for admission, the Court may-

(a)

admit and order notice to the respondent, or

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

(b)

direct the petitioner to issue notice along with the petition and documents to the respondent before the

matter is heard for admission; or

8. Procedure in relation to petitions under Section 34 of the Act:

(i)

Every petition under Section 34 shall be posted for admission before the Court. On hearing a petition under

Section 34 for admission, the Court may-

(a) admit and order notice to the respondent, or

(b) direct the petitioner to issue notice along with the petition and documents to the respondent before the

matter is heard for admission; or

(ii)

Where the court orders notice on admission, the Court shall endeavour to decide the admission within three

months from the date of ﬁ rst hearing.

(iii)

When notice is issued under sub-rule (i), the records of the Arbitral Tribunal:

(a) shall be requisitioned where the admission is on one or more grounds under Section 34 (2) (a); and

(b) may be requisitioned in other cases.

(iv) Notwithstanding the above, the arbitral tribunal shall preserve the records of such arbitral proceedings for a

period of two years from the date of the award.

(v)

The Court may, at any stage of the proceedings before it, at the request of any party or suo motu, call

for all or any part of the records of the arbitral tribunal.

(vi) Where notice is ordered under sub rule (i), the Respondent shall not ﬁ le any counter statement or counter

aﬃ davit, unless (a) the Court directs otherwise or (b) the petition alleges that the making of the Award was

induced or eﬀ ected by fraud or corruption. The petition shall be decided on the grounds of challenge and

the records of the arbitral tribunal in cases where the same is requisitioned under sub rules (iii) and (v).

9. Procedure in relation to Appeals under Sections 37, 50 and 59 of the Act:

(i)

Every appeal under Sections 37, 50 and 59 of the Act shall be in the form of a memorandum of appeal

signed by the appellant or his advocate. The memorandum of appeal shall be accompanied by a certiﬁ ed

copy of the order appealed from. Provided that in cases of urgency, the appellant may apply to the Court

for dispensing with the production of such certiﬁ ed copy of the order, by furnishing along with the appeal,

a legible copy of the order appealed against, certiﬁ ed to be true, by the appellant or his advocate. In all

such cases, the certiﬁ ed copy of the order shall be ﬁ led within such time as the Court may specify.

(ii)

Every appeal under Sections 37, 50 and 59 shall be posted for admission before the Court. On hearing

an appeal under Sections 37, 50 and 59 for admission, the Court may-

(a)

admit and order notice to the respondent

(b)

direct the petitioner to issue notice along with memorandum of appeal and documents to the respondent

before the matter is heard for admission; or

(c)

dismiss the appeal, with or without costs.

(iii)

Where the court orders notice on admission, the Court shall endeavour to decide on the admission within

three months from the date of ﬁ rst hearing.

(iv)

Where notice is ordered under sub rule (iii), the Respondent shall not ﬁ le any counter statement or counter

aﬃ davit, unless the Court directs otherwise.

(v)

The Code, the Civil Rules of Practice, the Madras High Court Appellate Side Rules and the Madras High

Court Original Side Rules shall apply, to the extent applicable, to the ﬁ ling and hearing of appeals under

Sections 37, 50 and 59.

10.

Procedure in relation to other Applications and Petitions:

The procedure prescribed in Rules 6, 7, 8 and 9 above, shall apply mutatis mutandis to all other applications and

petitions.

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11. Arbitration Enforcement Petitions:

(a)

Arbitration Enforcement petitions may be ﬁ led in a court within whose jurisdiction the person against whom the

enforcement is sought resides or carries on business or his property is situated.

(b)

The Code of Civil Procedure and the Madras High Court Original Side Rules, to the extent applicable, shall

apply to the arbitration enforcement petitions.

12. General:

(i)

The Court may, at the request of a party or suo motu and at any stage of a proceeding before it, issue

summons to the arbitrators to produce before the Court all or any part of the records of the Arbitral Tribunal.

(ii)

In all proceedings where the Court directs issuance of notice, the applicant shall, in addition to Court notice

with leave of the Court, take out private notice by registered post, speed post with acknowledgement due or

by courier with proof of delivery or by any other means of transmission (including electronic means) within 3

days from the date of such order.

(iii)

Court fees in relation to proceedings under this Act shall be governed by the High Court Fee Rules, 1956,

the Tamil Nadu Court Fees & Suit Valuation Act or such other Acts and Rules as may be applicable from

time to time.

(iv)

The principal District Judge may, at his discretion, make over proceedings under the Act to any Additional

District Judges in that District.

(v)

The Chief Justice may from time to time issue, amend and withdraw Practice Directions - Arb. for the eﬀ ective

and eﬃ cient application of the Rules.

High Court, Madras,

C. KUMARAPPAN,

3rd March 2021.

Registrar General.

PRACTICE- DIRECTIONS - Arb. I

These practice directions are issued for guidance pursuant to sub-rule (v) of Rule 11 of the Madras High Court

Arbitration Rules, 2020 and shall be read together with the Act and Rules there under as interpreted by Supreme Court

and the Madras High Court.

1. General:

1.1 Pleadings in proceedings under the Act, shall be divided into paragraphs, sub-paragraphs (if necessary) and

numbered consecutively. Each averment shall, so far as possible, be set out in a separate paragraph.

1.2 Pleadings shall contain in a concise form:

(a)

the names, description and place of residence / business of the parties in the petition or the Judge's

summons, as the case may be;

(b)

names and addresses of the arbitrator or members of the Arbitral Tribunal;

(c)

material facts constituting the cause of action and when it arose;

(d)

facts demonstrating how the Court has jurisdiction;

(e)

valuation of the claim, the court fees payable;

(f)

limitation; and

(g)

relief prayed for

1.3

Except as provided under the Rules, the provisions of the Code are not mandatory. However, regard shall be

had to the underlying principles of the Code for guidance.

1.4

Wherever a rule requires an application to be supported by an aﬃ davit such aﬃ davit shall be sworn by the party

concerned or by any person duly authorized by such party.

1.5

All proceedings presented to the Court shall be type, written or printed neatly and legibly on both sides of

pages of legal size and green colour or as may be prescribed from time to time and the pages shall be stitched

together.

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[Part III—Sec. 2

1.6

Applications and petitions shall be ﬁ led along with a list of dates and events and a brief synopsis. Numbers

and dates shall be expressed in ﬁ gures and where dates given are not according to the English Calendar, the

corresponding English dates shall also be given.

2. Jurisdiction of the Court:

2.1

In all applications or petitions under the Act, excepting under Sections 8, 41, 45 and 54 of the Act, the Court

may ascertain its jurisdiction to entertain such applications or petitions.

2.2

In a domestic arbitration, where the arbitral agreement prescribes the seat of arbitration the Court having

jurisdiction over the seat of arbitration has exclusive jurisdiction. If the arbitral agreement does not prescribe

the seat but refers to the venue or place of arbitration, this must be taken as the seat of arbitration unless

the arbitral agreement contains any indication to the contrary. Failing the above, the Court's jurisdiction shall

be determined in accordance with Section 2 (1) (e) (i) of the Act.

2.3

Where more than one Court has jurisdiction under the Act, the Court ﬁ rst entertaining any petition or application

(except under Sections 8, 11, 45 and 54) shall have exclusive jurisdiction (refer Section 42 of the Act).

3. Documents:

3.1

Applications under Sections 8, 9 and 14 (2) of the Act shall be ﬁ led along with the original arbitration agreement

relied upon by the applicant(s) or a duly certiﬁ ed copy thereof and documents, if any, relevant to support the

relief sought. Where the original arbitration agreement or a certiﬁ ed copy thereof is not available, the proviso

to Section 8 (2) of the Act shall apply.

3.2

The duly certiﬁ ed copy of the arbitration agreement referred to above shall be certiﬁ ed by the party, his

representative or by any statutory or other authority such as a notary public or sub-registrar under the

Registration Act.

3.3

The arbitration agreement must be duly stamped and registered, where registration is mandatory.

3.4.

Every proceeding challenging an award or appeals under the Act shall be accompanied by the Original Award

challenged or Original Order appealed against or a duly certiﬁ ed copy of the same.

3.5

The respondent also shall be entitled to ﬁ le relevant documents, if any.

3.6

A document in any language other than Tamil or English shall be accompanied by a true and accurate

translation thereof in English language. Provided copies of documents in Tamil shall be translated if required

by the Court.

4. Interim measures under Section 9 of the Act:

4.1

Commencement of arbitral proceedings is not synonymous with the constitution of the Arbitral Tribunal.

Commencement of arbitral proceedings has the same meaning given in Section 21. The date of commencement

is the date of receipt of the request and not the date of dispatch of the request.

4.2

The applicant shall state whether the Arbitral Tribunal has been constituted and, if so, the applicant shall

explain why an application for the same relief before the Arbitral Tribunal under Section 17 of the Act is not

eﬃ cacious.

5. Enforcement of interim measures under Section 17 (2) of the Act:

Orders granting interim measures shall be enforced interalia under Section 17 (2) of the Act by arbitration

enforcement petitions. Such petitions shall be ﬁ led along with certiﬁ ed copies of the orders of interim measures,

duly certiﬁ ed by the sole arbitrator or in an Arbitral Tribunal comprising more than one arbitrator, by the presiding

arbitrator or failing him, by any arbitrator.

6. Court assistance in taking evidence under Section 27 of the Act:

6.1

An application under Section 27 of the Act shall be ﬁ led along with the order or minutes of the Arbitral

Tribunal permitting such an application.

6.2

All the parties to the arbitral proceedings shall be made respondents. The Arbitral Tribunal or the arbitrators

constituting the Arbitral Tribunal shall not be made parties to the application. However, the names and addresses

of the arbitrators constituting the Arbitral Tribunal shall be disclosed in the aﬃ davit ﬁ led in support of the

application.

6.3

The Court may not decline to render assistance and the respondent(s) may not be heard against rendering

such assistance. However, the Court may decide on the genuineness, scope and extent of the assistance

required.

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6.4 The Court may issue subpoena for production of documents before the Arbitral Tribunal, on such request being

made, leaving open issues such as privilege, relevance, admissibility and proof for decision by the Arbitral

Tribunal.

7. Extension of time for making the award, Section 29 A (5) of the Act:

7.1 It is appropriate that the application for extension should be made before the Court, if any, appointing the arbitrator

or any of them.

7.2 Where a Court has not appointed any arbitrator, the application should be made to the Court having jurisdiction.

8. Challenge to an award under Section 34 of the Act:

8.1 Every petition ﬁ led under Section 34 of the Act Shall set forth the basis of the challenge to the award concisely

and under distinct heads (within the ambit of Section 34) without any argument or narrative and these shall be

numbered consecutively.

8.2 Every petition ﬁ led under Section 34 of the Act shall contain the following declaration as part of the petition:

"It is hereby declared that the documents ﬁ led along with the petition are documents which form part of

the records of the Arbitral Tribunal and that no other documents are ﬁ led herewith."

8.3

The petitioner shall ﬁ le along with the petition all documents that are relevant for the basis of challenge to

the award. The petitioner shall not be permitted to ﬁ le documents which were not presented before the Arbitral

Tribunal, except with the leave of the Court or in challenges falling under Explanation I of Section 34 (2) (b)

(ii). Copies of the pleadings before the Arbitral Tribunal, witness statements, cross-examination of witnesses and

documents produced before the tribunal, which are relied on by the petitioner, shall be ﬁ led separately.

8.4

The petitioner shall indicate on each document the exhibit number, if any, assigned to such document by the

Arbitral Tribunal. The petitioner shall indicate in the petition, documents, if any to be summoned from the Arbitral

Tribunal.

8.5

Proceedings under Section 34 of the Act shall be disposed of by a summary procedure.

8.6

If there are matters not contained in such record and these are relevant they may be brought to the notice of

the Court by way of aﬃ davits ﬁ led by both parties. Cross examination of the deponents of such aﬃ davits shall

not be allowed unless absolutely necessary.

8.7 The respondent also shall be entitled to ﬁ le relevant documents, if any.

9. Enforcement of an arbitral award under Section 36 (1) of the Act:

Arbitral awards shall be enforced under Section 36 (1) of the Act by arbitration enforcement petitions. The

arbitration enforcement petition shall be ﬁ led along with a certiﬁ ed copy of the award, duly certiﬁ ed by the sole

arbitrator or in an Arbitral Tribunal comprising more than one arbitrator, by the presiding arbitrator or failing him,

by any arbitrator.

10. Enforcement of foreign awards under Sections 48 & 49 of the Act:

10.1 Petitions to enforce a foreign award shall be accompanied with the documents mentioned in Section 47 of the

Act. A copy of the arbitration agreement may be certiﬁ ed by the party or his representative, notary public or by

any or other authority whether in India or abroad.

10.2 It is not necessary for a foreign award to be stamped in accordance with the Indian law.

10.3 It is not necessary to take separate proceedings one for deciding the enforceability of the award and the other

to take up execution thereafter. In a composite proceeding, the Court shall ﬁ rst decide on the enforcement of

the award and thereafter proceed with its execution.

10.4 This procedure shall apply mutatis mutandis to petitions for enforcement of foreign awards under Sections 57 and

58 of the Act.

11. Forms:

The Forms in the Appendix, wherever applicable, shall be used with such variations as circumtances may require.

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

APPENDIX

Form 1 - Section 11 petition in the High Court

IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION)

Arb. O.P. No.of 20

In the matter of the Arbitration

& Conciliation Act 1996

And

In the matter of an arbitration agreement dated__________

ABC

Petitioner(s)

DEF

Respondent(s)

PETITION FILED UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT 1996

The Petitioner states as follows:

1. The Petitioner is_________________son / daughter / spouse of___________________,aged about____________________

years, residing at /having oﬃ ce at_____________

(or)

The Petitioner is __________________a company / partnership Firm, constituted under the Companies / Partnership

Act, having its _________________ oﬃ ce at _____________________and is represented by its Managing Director /

Authorized Signatory / Partner, ________________________

The address of the Petitioner(s) for service of all summon and processes is that of his / her counsel, ___________

2. The Respondent is______________, son / daughter / spouse of___________aged about______________years, residing

at / having oﬃ ce at._________________.

(or)

The Respondent is.______________, a company / partnership Firm, constituted under the Companies / Partnership

Act, having its.______________oﬃ ce at_________________.and is represented by its Managing Director / Authorized

Signatory / Partner_______________

The address of the respondent(s) for service of all summons and processes is the same as stated above.

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An arbitration agreement as deﬁ ned in Section 7 of the Arbitration and Conciliation Act, 1996 (hereinafter called

the 'Act') exists between the petitioner and the respondent. (Brieﬂ y explain the arbitration agreement including its

scope and the manner of appointment of arbitrators). The original arbitration agreement (or a certiﬁ ed copy of the

arbitration; agreement) is ﬁ led herewith.

4. Disputes have arisen between the petitioner and the respondent and such disputes are arbitrable under the aforesaid

arbitration agreement. (Brieﬂ y explain the disputes and the manner in which arbitration proceedings commenced in

relation to these disputes under Section 21 of the Act. The disputes, headings of claims, justiﬁ cation and defences

need not be given in detail.)

Explain the steps taken for appointment of the arbitrator and why this Hon'ble Court should appoint an arbitrator

under section 11 (including the sub-sections) of the Act (Give details if one or more arbitrators have already been

appointed under the arbitration agreement).

This Hon'ble Court has jurisdiction to entertain and decide the above Petition since (Explain how this Hon'ble Court

has jurisdiction).

The Petitioner submits that he / she / it has not instituted any similar Petition under section 11 of the Act for the

relief prayed herein before this Hon'ble Court or any other Court / arbitral institution. (If any such Petition has been

ﬁ led, explain the status of such Petition and how this Petition is maintainable before this Court).

The Petitioner pays a Court Fee of Rs. .........under................... .

9. It is, therefore prayed that this Hon'ble Court may be pleased to:

(a) Appoint an arbitrator to adjudicate the disputes between the petitioner and the respondent in terms of the

arbitration agreement dated ....

(b) Direct the respondent to pay costs and

render justice.

Dated at Chennai on this day of ................................

Counsel for Petitioner(s)

Petitioner (s)

LIST OF DOCUMENTS FILED WITH THE PETITION

S.No.

Date

Description

Original/Copy

Dated at Chennai on this day of ......................

Counsel for Petitioner(s)

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

Form 2 - Section 34 Petition in the High Court / District Court

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION )

(OR)

BEFORE THE DISTRICT COURT OF -----

(ORIGINAL CIVIL JURISDICTION)

Arb. O.P. No. of 20 ____

In the matter of the Arbitration

& Conciliation Act 1996

And

In the matter of A ward dated ---

ABC

Petitioner( s)

DEF

Respondent( s)

PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT 1996

The Petitioner states as follows:

1. The Petitioner is _________________________________________________________, son / daughter / spouse of

_________________________ aged about ________________ years, residing at / having oﬃ ce at __________

(OR)

The Petitioner is ______________, a company / partnership Firm, constituted under the Companies / Partnership

Act, having its ___________________ oﬃ ce at _________________________and is represented by its Managing

Director / Authorized Signatory / Partner, __________________________

The address of the Petitioner(s) for service of all summon and processes is that of his / her counsel, _____________

2. The Respondent is _______________________________________________, son / daughter / spouse of

_____________________________ aged about _________________________

years, residing at / having oﬃ ce at

__________________

(OR)

The Respondent is ______________________________________, a company / partnership Firm, constituted under the

Companies / Partnership Act, having its ______________________________________________________oﬃ ce at _____

_______________________________________________________________________and is represented by its Managing

Director / Authorized Signatory / Partner, _________

The address of the respondent(s) for service of all summons and processes is the same as stated above.

3. The Arbitral Tribunal comprised:

> Mr./Ms. _______ as Presiding Arbitrator / Sole Arbitrator whose address for service is _______

> Mr./Ms. ________as a Co-Arbitrator whose address for service is _________

> Mr./Ms. __________, as Co-Arbitrator whose address for service is _________

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TAMIL NADU GOVERNMENT GAZETTE

4. (a) The Petitioner prefers the above Petition under section 34 of the Arbitration and Conciliation Act 1996 to set

aside the A ward dated ________passed by the Arbitral Tribunal on the following grounds of challenge detailed below:

a ......................

b ......................

c ....................

d ......................

(b) Brief Facts

5. This Hon’ble Court has jurisdiction to entertain and decide the above Petition.

(Please give reasons how the court has jurisdiction).

6. The Petitioner states that the Petitioner has not and to the best of the petitioner’s knowledge no

other person has instituted before this Hon’ble Court or any other Court any similar Petition under section

34 of the Act to set aside the Award or any other petition which would attract section 42 of the Act.

(If any such Petition has been ﬁ led, please explain the status of such Petition and how this Petition is

maintainable before this Court).

7. It is hereby declared that the documents ﬁ led along with the petition are documents which form part of the records

of the Arbitral Tribunal and that no other documents are ﬁ led herewith (except in challenges falling under Explanation I

of Section 34 (2) (b) (ii). It is further declared that the petitioner has ﬁ led all the documents that are intended to be

relied upon in support of the petition.

8. This Petition is ﬁ led within the period of limitation prescribed under section 34 of the Arbitration and Conciliation

Act, 1996 as the Award was passed by the Arbitral Tribunal on __ and received by the Petitioner on ________ .

9. The value of the subject matter of the Award to the extent challenged in this petition is ______. Hence, the

Petitioner pays a Court Fee of Rs. ____ under Article 10 (m) of Schedule II of the Tamil Nadu Court Fees and Suit

Valuation Act, 1955.

10. It is therefore prayed that this Hon’ble Court may be pleased:

(a) To set aside the Arbitral Award dated __ bearing No._____passed by_______ in its entirety (OR) to the extent

to which it is challenged.

(b) to direct the respondent to pay the costs and

thus render justice.

Dated at Chennai on this day of _______

Counsel for Petitioner( s)

Petitioner(s)

MEMO OF CALCULATION FOR THE PURPOSE OF COURT FEE

1. Value of the subject matter of the

Award to the extent challenged in this petition

2. Court fee paid thereon

Dated at Chennai on this day of ___________

Counsel for Petitioner(s)

LIST OF DOCUMENTS FILED WITH THE PETITION

S. No.

Date

Exhibit No.

Description

Dated at Chennai on this day of _________

Counsel for Petitioner(s)

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

Form 3 - Section 37,50 & 59 Appeal in the High Court

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(APPELLATE JURISDICTION)

Arb. Appeal No. OF 20—

In the matter of Section 37 / 50 / 59 of the

Arbitration & Conciliation Act 1996

Appellant(s)

ABC

DEF

Respondent(s)

APPEAL FILED UNDER SECTION 37 / 50 / 59 OF THE ARBITRATION

AND CONCILIATION ACT, 1996

The Appellant states as follows:

1. The Appellant is _______, son / daughter / spouse of ______ , aged about __ years, residing at / having oﬃ ce

at _______________

(OR)

The Appellant is_______, a company / partnership Firm, constituted under the Companies / Partnership Act, having

its ______________________ oﬃ ce at ________and is represented by its Managing Director / Authorized Signatory /

Partner, ________________

The address of the Appellant for service of all summon and processes is that of his / her counsel, ___________

2. The Respondent is ___________, son / daughter / spouse of _______ , aged about ________ years, residing

at / having oﬃ ce at ________________

(OR)

The Respondent is_____________, a company / partnership Firm, constituted under the Companies / Partnership

Act, having its ___________________ oﬃ ce at __________________and is represented by its Managing

Director /

Authorized Signatory / Partner _________

The address of the respondent for service of all summons and processes is the same as stated above.

3. The Arbitral Tribunal comprised:

Mr./ Ms.___________ as Presiding Arbitrator / Sole Arbitrator, whose address for service is _________

Mr./ Ms. _____________ as the Co-Arbitrator, whose address for service is_____________________________

Mr./ Ms. ___________ as the Co-Arbitrator, whose address for service is____________________________

4.(a) The Appellant prefers this Appeal under section 37 / 50 / 59 of the Arbitration and Conciliation Act 1996 to

set aside the Order dated ________ passed by the _____________________ on the following grounds:

a. ______________

b. ______________

c. ______________

d. ______________

e. ______________

March. 17, 2021]

TAMIL NADU GOVERNMENT GAZETTE

(b) Brief Facts

5. The Appellant values the Appeal at ________ and pays a Court Fee of _____________ under _____________

6. It is, therefore prayed that this Hon’ble Court may be pleased:

(a) to set aside the Order dated _______ bearing No. ______

passed by ________

in its entirety (OR)

to the extent to which it is challenged.

(c)

direct the respondent to pay the costs and

(d)

to grant such further reliefs as this Hon’ble Court may deem ﬁ t under the circumstances of the case and

thus render justice.

Dated at Chennai on this day of -----

Counsel for Appellant

MEMO OF CALCULATION FOR THE PURPOSE OF COURT FEE

1. Value of the Relief claimed in the original proceedings

Court fee, if any paid therein

3. Value of the Appeal

4. Court fee paid herein

Dated at Chennai on this day of ____________

Counsel for Appellant (s)

Form 4 - Aﬃ davit verifying petition______________________________

Cause title

AFFIDAVIT VERIFYING PETITION

I, _____________________, son / daughter / spouse of ______________________, aged about, residing at / having

oﬃ ce at ______________________, do hereby solemnly 6 aﬃ rm and sincerely state as follows:

I am the Petitioner and I am competent to ﬁ le this aﬃ davit. (OR) I am a director / secretary / partner /

authorised signatory of the Petitioner and I am duly authorized to ﬁ le this aﬃ davit on behalf of the petitioner.

The statements made in paragraphs _ to __ are true to my knowledge and the statements made in paragraphs

to ___________ are based on information / documents and I believe them to be true.

Solemnly aﬃ rmed at_____________.

On this the_______________Day of _______________20

And signed his / her name in my

BEFORE ME,

Presence

ADVOCATE,................................

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

Form 5 - Form of Notice calling for Records of Arbitral Tribunal

Cause title

To,

Sir/s,

Sub.: Order dated ______________in the above Arb. OP / Arb. Appeal- Calling for the records of Arbitral

Tribunal/Calling for speciﬁ c documents from the records of the Arbitral Tribunal.

The Hon’ble Court by order dated ______________ was pleased to call for the records of the Arbitral Tribunal (or)

call for speciﬁ c documents from the records of the Arbitral Tribunal pertaining to the Award / Order dated, which is the

subject matter in the above Arb. OP / Arb. Appeal.

Accordingly,

you

are

requested

transmit

the

entire

records

Arbitral

Tribunal

(or)

documents

from

the

records

the

Arbitral

Tribunal

speciﬁ ed

below

sealed

envelope to the Oﬃ ce of the Registrar General with the reference of the Arb. OP No. or Arb. Appeal No. on or

before__________, to enable the same to be placed before the Hon’ble Court.

List of documents speciﬁ ed above:

S. No.

Date

Exhibit No.

Description

The Arb. OP / Arb. Appeal is next scheduled to be heard on ________________

Yours faithfully,

Asst. Registrar (OS), High Court, Madras/

Asst. Registrar (Appellate side), High Court, Madras /

Sheristrar, District Court,........

High Court Madras,

C. KUMARAPPAN,

3rd March 2021.

Registrar General.

March. 17, 2021]

TAMIL NADU GOVERNMENT GAZETTE

GENERAL NOTIFICATIONS

Tamil Nadu Pollution Control Board, Chennai.

Amendment to the Tamil Nadu Pollution Control Board, (Discipline and Appeal) Regulations

[G.O.Ms. No.78, Environment and Forests (EC.2), 31st October 2020.]

(Lr.No. TNPCB/Per/CS/31350/2010)

No. SRO C-7/2021.

In exercise of powers conferred by clause (b) of the proviso to sub-section (3-A) of Section 12 of the Water (Prevention

and Control of Pollution) Act, 1974 (Central Act 6 of 1974), the Tamil Nadu Pollution Control Board, with the approval of the

State Government hereby makes the following amendment to the Tamil Nadu Pollution Control Board (Discipline and Appeal)

Regulations.

The amendment hereby made shall come into force on the 31st October 2020.

Aඕඍඖඌඕඍඖග

In the said Regulations, after the regulation 25, the following regulation shall be inserted, namely:-

"25-A, Notwithstanding anything contained in these regulations -

(1) The Government, may at any time, either in their own motion or otherwise call for the records of any enquiry

and revise any order made under these regulations and may,

(a) conﬁ rm, modify or set aside the order, or

(b) conﬁ rm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where

no penalty has been imposed; or

to make such further enquiry as it may consider proper in the circumstances of the case; or

(d) pass such other orders as they may deem ﬁ t:

Provided that no order imposing or enhancing any penalty shall be made unless the member of the

service concerned has been given a reasonable opportunity of making his representation against the penalty

proposed and where it is proposed to impose any of the penalties speciﬁ ed in items (3), (7) (8) and (9) of

regulation 3 or to enhance the penalty imposed by the order sought to be revised to any of the penalties

speciﬁ ed in those items, and if an inquiry under clause (2) of regulation 8 has not already been held in

the case, no such penalty shall be imposed except after an inquiry in the manner laid down in the said

clause (2) of regulation 8, which shall be subject to the provisions of clause (4) thereof.

(2) No proceeding for revision shall be commenced-

(a) Where no appeal has been preferred, before the expiry of the period of limitation for an appeal, or

(b) Where an appeal has been preferred, before the disposal of such appeal.

regulations".

It is requested to publish this amendment to Tamil Nadu Pollution Control Board (Discipline and Appeal)

Regulations 2010 in the Tamil Nadu Government Gazette.

Guindy, Chennai-600 032,

SANDEEP SAXENA,

12th March 2021.

Additional Chief Secretary to Government.

A.V. VENKATACHALAM,

Chairman,

Tamil Nadu Pollution Control Board.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU