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State of Madhya Pradesh - Section

Section 12 in Madhya Pradesh Arbitration Centre (Domestic and International) Rules, 2019

12. Filing of Response.

(1)On receipt of the statement of claim from the Centre, the respondent shall submit his written response to the Directorate within 30 (thirty) days or within such time as may be extended by the Director as per sub-rule (2) along-with the following:
(a)his name in full, description, contact details, including mobile number(s), e-mail address, if any and address;
(b)confirmation or denial of all or part of the Claim made by the Claimant in the Statement of claim;
(c)comments in response to the nature and circumstances of the dispute giving rise to the Claim contained in the request;
(d)response to the relief sought in the Request;
(e)statement describing the nature and circumstances giving rise to any Counter-claim, if any, including all relevant or supporting documents; or a set-off, if any, which shall be adjudicated upon by the tribunal, if such counter claim or set-off falls within the scope of the arbitration agreement;
(f)provisional "Terms of Reference" and the issues to be adjudicated;
(g)comments, if any, concerning the number of Arbitrators and their choice in the light of the Claimant's proposals; and
(h)statements, if any, as to the applicable rules or law and the language to be used in conducting the arbitration proceedings;
(2)The Director may, on sufficient grounds in writing explaining the delay, grant an extension of time for filing the reply and Counter-claim, if any, to the Respondent, upon payment of such costs as may be deemed appropriate and within such time as may be specified:Provided, that the request for extension of time shall be entertained only once and such extension shall not exceed thirty days. If the Respondent fails to file his reply and Counter-claim, if any, the Director shall proceed further in accordance with these rules.
(3)Failure of the Respondent to file his Reply and Counter-claim, if any, within the time stipulated or the extended time shall constitute a. waiver of the Respondent's opportunity to file the Reply.
(4)Copies of the Reply and Counter-claim, if any, shall be supplied to the Directorate in sufficient number, namely, one copy for the Centre, one copy to each Arbitrator (if the number of Arbitrators is mentioned in the arbitration agreement) and one copy to each of the other party or parties.
(5)In the event of Respondent making a Counter-claim, he shall make an advance payment of his share of Arbitrator's fee and administrative and miscellaneous expenses, as the Director may determine.
(6)A copy of the Reply and Counter-claim, if any, and the documents annexed thereto shall be communicated by the Director to the claimant.
(7)The Claimant shall file a reply to the Counter-claim, if any, within 30 (thirty) days from the date of receipt of the Counter-claim or the claim for set-off.
(8)The Director may, for reasons assigned, grant extension of time to the claimant to file a Reply and on payment of such costs as may be deemed appropriate:Provided, that the request for extension of time shall be entertained only once and such extension shall not be beyond 30 (thirty) days. In exceptional cases, the President in consultation with the Board of Governors, may exercise discretion to extend the time.
(9)Failure of the Claimant to file any Reply to the Counter-claim within the time stipulated or the extended time shall constitute a waiver of the claimant's opportunity to file the same.