Section 8 in Haryana Industry Facilitation Council (Arbitration) Rules, 2001
8. Hearings and written proceedings.
(1)On receipt of the statement of defence and if the amount of deposits has been paid by the parties, the Council shall send a copy of the statement of defence to the claimant and fix a date for appearance and hearing of the parties and issue notice by registered post in Form-5.(2)If the respondent fails or omits to send a statement of defence within the time allowed to him, the Council shall proceed to fix a date for the appearance and hearing of the parties and issue notice by registered post in Form-5 :Provided that if the respondent has failed or omitted to pay his share of the deposit, the Council shall call upon the claimant to pay that share also within fifteen days of receipt of the notice :Provided further that if the Claimant has not paid the aforesaid share, the Council may suspend or terminate the proceedings.(3)At the first hearing, the Council shall not proceed to enter upon the merits of the subject matter in dispute, till it has decided on any challenge to jurisdiction and challenge to any of its Members.(4)The Council shall decide whether to hold oral hearing for the presentation of evidence or for oral argument, or whether proceedings shall be conducted on the basis of documents and other materials :Provided that the Council shall hold oral hearing at an appropriate stage of the proceedings, on request by a party, unless the parties have agreed that no oral hearing shall be held.(5)The parties shall be given sufficient advance notice of any hearing and of any meeting of the Council for the purposes of inspection of documents, goods or other property.(6)All statements, documents or other information supplied to, or applications made to the Council by one party shall be communicated to the other party, and any expert report or evidentiary document on which the Council may rely in making its decision shall be communicated to the parties.(7)Where without cause :-(a)the claimant fails to communicate his statement of claim in accordance with these rules and Section 23(1) of the Arbitration and Conciliation Act, 1996 (26 of 1996) the Council shall terminate the proceedings,(b)the respondent fails to communicate his statement of defence in accordance with these rules and Section 23(1) of the Arbitration and Conciliation Act, 1996 (26 of 1996) the Council shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant,(c)a party fails to appear at an oral hearing or to produce documentary evidence, the Council may continue the proceedings and make the arbitrage award on the evidence before it.(8)The Council may appoint one or more experts in terms of Section 26 of the Arbitration and Conciliation Act, 1996 (26 of 1996).(9)The Council, or a party with the approval of the Council, may apply to court under Section 27 of the Arbitration and Conciliation Act, 1996 (26 of 1996), for assistance in taking evidence.(10)The Council may, with the agreement of the parties, at any time during the proceedings, use mediation, conciliation or other procedures to encourage settlement of the dispute under Section 30 of the Arbitration and Conciliation Act, 1996 (26 of 1996).(11)The Council shall conduct its proceedings at such place as the Government may specify in the notification.(12)The Council may on such terms at it may think fit at any stage for reasonable or sufficient cause, adjourn the hearing from time to time but it shall so conduct the proceedings that the decision is given, as far as possible, within ninety days of the first date of hearing.(13)At any stage of the proceedings, if the parties jointly apply to the Council that the proceedings be terminated the Council shall terminate the proceedings.
