Section 213 in Civil Court Rules of the High Court of Judicature at Patna
213.
(1)(a)These rules shall be called the Arbitration Rules, 1956. All references therein to the 'Act' shall mean the Arbitration Act, 1940 (X of 1940).(b)These Rules shall come into force with effect from the date they are [published] [Published at pages 97 to 206 of Part III of the Bihar Gazette, dated the 23rd May, 1956.] in Bihar Gazette.(2)Title of application. - (a) Save as hereinafter provided, all applications, affidavits and proceedings, under the Act, shall be instituted in the matter of the Act, and in the matter of the Arbitration.(b)Applications under Chapter IV of the Act shall be instituted in the suit or matter in which order of reference is made.(c)Applications under Section 34 of the Act shall be instituted in the suit which the applicant seeks to have stayed.(d)Applications under Section 7 (2) of the Act shall be instituted in the matter of the insolvency in which the reference to arbitration is sought or claimed.(e)Applications under Sections 14(2) and 20(1) of the Act shall, if the Court is satisfied that the petition is in order, be numbered and registered as regular suits. Other applications under the Act shall be numbered and registered as Miscellaneous Judicial cases.(3)Mode of application. - All applications under the Act shall be made by petition and shall be presented to the proper Court in the same manner as plaints or other applications.The petition shall be verified in the manner prescribed by rule 15 of Order VI of the Code of Civil Procedure, 1908, or if the Court so directs, supported by an affidavit.(4)Content of petition. - The petition shall be divided into paragraphs, numbered consecutively and shall contain the name, description and place of residence of the petitioner and the opposite party, a statement in summary form-(a)of all material facts;(b)of the facts showing that the Court to which the application is presented has jurisdiction to deal with it; and(c)of the nature of the relief asked for; and shall specify the names, descriptions and places of residence of other persons liable to be affected thereby.(5)Applications to the Court which are consented to by the parties affected thereby shall be made with the consent of the said parties endorsed thereon and signed by them.(6)The forms (J) 44, (J) 45, (J) 46, (J) 47, (J) 48 and (P) 40, which will be found in the High Court General Rules and Circular Orders (Civil), Vol. II, shall be used for the purposes to which they severally relate with such variations as the circumstances of each case may require.(7)(i)In a reference under Section 13(b) of the Act the question of law and the facts out of which they arise shall be distinctly stated in Form No. (J) 44. A copy of the arbitration agreement, if any, shall be annexed to such reference. The Arbitrators or Umpire making the reference shall give notice of the action taken by them to the parties concerned.(ii)When the Court has pronounced its opinion under Section 14(3), it shall be the duty of the Arbitrators or Umpire making the reference to have a certified copy of such opinion added to and made a part of the award.(8)Every application under Section 14(2) of the Act for filing an award in Court shall be in writing.(9)Every application made to a Court under Section 20(1) of the Act shall be accompanied by the original agreement or if the same be not in the possession or control of the applicant, then a copy, thereof.(10)After a petition has been presented the Court may, if it is not in order or according to law, reject it. If it is not so rejected, the Court shall direct notice thereof to be given to all persons mentioned in the petition and to such other persons as may seem to it to be likely to be affected by the proceedings, requiring all or any of such persons to show cause, within the time specified in the notice, why the relief sought in the petition should not be granted. Such notice shall be accompanied by copies of the petition and the affidavit, if any, copies being supplied by the petitioner.(11)The petitioner shall deposit the necessary process fees for service of notice on the other parties concerned (including persons likely to be affected by the proceedings) within seven days of the order directing the issue of notice or within such further time as the Court may, for sufficient cause shown, allow.(12)(i)The Arbitrators or Umpire or any of the parties to the arbitration may cause an award or signed copy thereof to be filed in Court in the manner prescribed in Rule 3.(ii)Where an award is filed by the Arbitrators or Umpire under Section 14(2) of the Act, they shall send to the Court under sealed cover the award or a signed copy thereof together with any proceedings or depositions and documents which may have been taken and proved before them and the opinion pronounced by the Court on the special case under Section 14(3) of the Act, if any, together with the full address of all the persons who are parties in the arbitration proceedings. They shall also send with the award a copy of the notice given to the parties concerned under Section 14(1) of the Act together with an affidavit of service of such notice and of attestation of their signatures on the award. If the sealed cover is sent by post, it shall be sent under registered cover, acknowledgement due. The award so filed shall form part of the record.(iii)Where the award is filed by a party to the arbitration under clause (2), any party to the arbitration may move the Court to direct the Arbitrators or Umpire to produce before it any proceedings or depositions or documents which may have been taken and proved before them together with the record of the arbitration which may be in their possession.(13)The Court shall forthwith issue notice of the filing of the award or a signed copy thereof-(i)to the other parties concerned, if any of the parties to the arbitration has filed it, on the requisites being supplied by that party; or(ii)to all the persons concerned who are parties in the arbitration proceeding free of costs when it has been filed by the Arbitrators or Umpire under Section 14(2) of the Act.(14)Limitation for application for judgment on award. - An application for judgment in terms of an award shall not be made until after the expiration of 30 days from the date of service of the notice of filing the award.(15)When an application under Section 20(1) of the Act is filed and registered the Court shall, on the application, issue a notice, returnable within not less than 10 days from the date of service thereof, calling upon the opposite party to show cause why the arbitration agreement should not be filed.(16)(i)Processes to parties to the arbitration proceedings or to witnesses shall be issued by the Court on the written application of the Arbitrators or Umpire.(ii)If the proceedings are under Chapter II of the Act, the application for such processes must be accompanied by a copy of the agreement under which the Arbitrators or the Umpire is acting. If, otherwise, the date of the order appointing an Arbitrator or Umpire shall be mentioned in the application.(17)The Court-fees and process-fees chargeable for all petitions shall be in accordance with the Court-fees Act and the Rules for the levy of process-fees in force for the time being.(18)Form No. (P) 40, so far as it can be made applicable, shall be used with necessary modifications in issuing the notice required to be given by the Court for the purposes of the Act.(19)The orders of reference under Sections 20(4) and 23(1) of the Act shall be made in Form No. (J) 47.(20)The order of appointment of Arbitrators or Umpire under Sections 8(2) and 12 shall be made in Form No. (J) 48.(21)Every application under Section 21 of the Act shall be made in Form no. (J) 45 with due regard to the provisions of Rule 5 above.(22)In making the award under the Act, the Arbitrators or Umpire, as the case may be, shall use Form No. (J) 46 for the purpose.(23)With regard to the preservation, interim custody or sale of any goods which are the subject-matter of a reference, Courts shall be guided by the relevant provisions of the Code of Civil Procedure and of the rules in Chapter VI of Part I ante.(24)The rules in Chapter X of Part I ante shall, as far as they are applicable, apply to appeals under Section 39 of the Act.(25)In matters not provided for in the foregoing rules or in the Act, the provisions of the Code of Civil Procedure, 1908, and the Patna High Court General Rules and Circular Orders (Civil) mutatis mutandis shall apply to all proceedings before the Court and to all appeals under the Act.Rules Under Sections 14 And 21 of The Hindu Marriage Act, 1955 (Act XXV of 1955)
