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AN APPLICATION TO THE COURT FOR SETTING ASIDE AN ARBITRATION AWARD CAN BE MADE ON THE BASIS OF AN UNFAIR HEARING OR A BIAS
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AN APPLICATION TO THE COURT FOR SETTING ASIDE AN ARBITRATION AWARD CAN BE MADE ON THE BASIS OF AN UNFAIR
HEARING OR A BIAS.
AUTHORED BY
- MAHENDRA YADAV, TYLLB
DIV: B, ROLL
NO: 92
Borivali
(West), Mumbai June 4, 2024
Mr. Harsh
Tyagi Bombay Court
Re: Application to Set Aside
Arbitration Award
Dear Sir/Madam,
I trust this letter finds you well. I am writing to respectfully request
the court to set aside the arbitration award in the referenced case by submitting an application to the court. Regrettably, I was not
afforded a fair hearing as mandated by the ABC legislation during the arbitration proceedings. The arbitrator failed to allocate sufficient time and opportunity
for the parties to present their cases, cross-examine
witnesses, and articulate their legal arguments. This denial of a fair hearing not only compromises the
credibility of the arbitration process but also
infringes upon my fundamental right to due process.
Additionally,
it is evident that the arbitrators displayed partiality throughout the arbitration hearings, thereby compromising the impartiality and objectivity expected of them. This bias unfairly
influenced the outcome of the arbitration ruling. Therefore, I respectfully urge the court
to annul the arbitral judgment
and either order a new
arbitration based on the aforementioned grounds or provide any alternative remedy deemed
appropriate by the court.
I humbly
request the opportunity to present my case before
the court and address any concerns raised by the opposing party. I am committed to upholding principles of justice and fairness throughout this legal process.
Your consideration of this matter
is greatly appreciated. I have faith that the court will uphold fairness and impartiality in its decision-making, as it is dedicated to administering justice.
Yours faithfully, Mahendra
Yadav
Report on visit to State Legal Services Authority?
REPORT OF
VISIT OF ASSAM STATE LEGAL SERVICES AMEETING WITH HON’BLE Mr. JUSTICE UJJAL BHUYAN,
JUDGE, GAUHATI
HIGH COURT
AND EXECUTIVE
CHAIRMAN, MIZORAM STATE
LEGAL SERVICES AUTHORITY
ON
30.01.2024
Mr. Mahendra
Yadav, Member Secretary with his staffs namely, Miss Priyanka Saroj, Project Coordinator Tabish Shaikh, LDC, Mr.
Ashish Shukla, Para Legal Volunteers,
Mr. Vivek singh, Driver, Mizoram SLSA visited Assam State Legal Services Authority
to have a study on functioning
of Assam SLSA and had a meeting with the Hon`ble Mr. Justice Ujjal Bhuyan,
Judge, Gauhati High Court and Executive Chairman, Mizoram SLSA on 30.01.2024 at 11:00 a.m.
and
06:30 p.m. respectively.
A.
VISITING OF ASSAM STATE LEGAL SERVICES
AUTHORITY:
1) Allocation of fund to District Legal Services Authorities:
There are 33 DLSAs under Assam SLSA. Allocation of funds to DLSA is prepared as per their requirement,
however, all their requirements could not be
fulfilled due to
insufficiency of funds from NALSA.
2)
Audit:
Accounts maintained by DLSAs used to be audited in two steps. Firstly,
their accounts are checked by Chartered Accountant and thereafter audited
are conducted by Accountant
General. Audits are usually conducted by the DLSAs themselves as Auditors
are available in each district.
3)
Maintenance of Accounts:
State Funds and NALSA Funds are maintained separately by the Accountants. Ledger
is
also well maintained by both the Accountant.
4) Legal Aid Counsels:
There are 80 Legal Aid Counsels under Assam SLSA and 700 Legal Aid Counsels under District Legal Services
Authorities. The LACs are appointed for a period of two years. No new appointment is made until
the appointment expired.
5)
Legal Aid:
The litigants seek legal aid either through written petition or through
prescribed applications prepared by
the SLSA both in English and in vernacular language (Assamese). The upper limit of annual income of persons from all
sources shall not exceed Rs. 3.00
lakh for entitling to legal services under section 12 of the Legal Services Authorities Act, 1987.
(Notification No. LGL.165/2018/7 date 28.12.2018)
6)
Training of PLVs and Legal Aid Counsels:
The Assam SLSA imparted training for both PLVs and LACs once every year.
7)
Legal Awareness Campaign:
Legal Awareness Campaigns are conducted by the DLSAs whereas workshops, seminars
and bigger legal
awareness campaigns are conducted by the SLSA.
8)
Legal Aid Clinics:
Legal Aid Clinics are monitored by the DLSAs and inspections are done by
the SLSA.
9)
Lok Adalat:
Regular Lok Adalat are conducted as per the calendar prepared by the SLSA whereas
separate Lok Adalat is conducted for Banks and Insurances. Jail Mobile Lok Adalats were conducted whereas
minimal cases like, bail petitions were disposed.
10)
14th Finance
Commission:
The Assam SLSA received funds from 14th Finance Commission amounting to Rs. 679.05001 lakh for Lok Adalat, ADR Activities and Mediators for the financial year 2015-16 to 2019-2020.
11) Vehicle:
Assam SLSA purchased new vehicle from the funds received from NALSA for Member
Secretary, Assam SLSA.
B.
MEETING WITH HON`BLE EXECUTIVE CHAIRMAN, MIZORAM SLSA
1) The Mizoram Victims
of Crime Compensation Scheme, 2019:
Draft of the Mizoram Victims of Crime Compensation Scheme, 2019 prepared by the Mizoram SLSA was placed
before the Hon`ble Executive Chairman for His Lordship’s kind perusal and consideration.
2) The Mizoram
State Legal Services
Authority Services Rules, 2019:
Draft of the Mizoram State Legal
Services Authority Services Rules, 2019
prepared by the Mizoram State Legal Services Authority was placed before the Hon`ble Executive Chairman for
His Lordship’s kind perusal and consideration.
3) Post of Deputy Secretary
and Under Secretary:
Proposal was made to the State Government with a request to create one post each for Deputy Secretary and Under
Secretary under the office of Mizoram
State Legal Services Authority. A copy of the same was placed before the Hon`ble
Executive Chairman for His Lordship’s kind information.
4) Senior Citizens’ Guide:
The Hon`ble Executive Chairman was informed that the Senior Citizens’ Guide, 2019 was translated in Mizo
language and intends to release the said
booklet by the Hon`ble Chief Minister, Mizoram at his convenient time.
5) Booklet – KHAWNVAR:
The Hon`ble Executive
Chairman was informed
that Booklet- KHAWNVAR, compilation of different articles relating
to law is preparing by the Mizoram
SLSA. The Hon`ble
Minister, Law and Judicial Department and the Secretary, Law and
Judicial Department were also requested
to write a MESSAGE for this booklet.
6) Translation of NALSA Schemes:
Hon`ble Executive Chairman
was informed that the 10 Schemes of National
Legal Services Authority is translating into Mizo language and will publish
the compilation for distribution.
7) National Level
Seminar:
As discussed with the Hon`ble Executive Chairman, it is proposed to conduct National Level Seminar at Aizawl
during this year, 2019 in the month
of October or November.
8) Training of Secretariat Officers:
High Court Legal Services Committee, Gauhati High Court, Aizawl
Bench intends to conduct
training for Secretariat Officers in collaboration with Mizoram State Legal Services Authority on 28th June, 2019. The matter
was placed before the Hon`ble Executive Chairman, Mizoram SLSA. The convenient time for Hon`ble Executive
Chairman will be 12th July, 2019 (Friday), therefore, he requested to postpone the date. The Hon`ble Executive Chairman requested to invite the
Station Judge, GHC, Aizawl Bench and the Adviser
to Chief Minister, Mizoram as Special
Guests.
9) Status of Construction
of ADR Centre Building:
The Hon`ble Executive
Chairman was informed
about the current
status of construction of ADR Centre
Building by handing over the photo copies.
Article Information
AN APPLICATION TO THE COURT FOR SETTING ASIDE AN ARBITRATION AWARD CAN BE MADE ON THE BASIS OF AN UNFAIR HEARING OR A BIAS
Authors: MAHENDRA YADAV
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/27
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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