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Keshav kamra   28 October 2017

sec 34 petition arbitration and conciliation Act

I had filed a sec 34 petition under Arbitration and conciliation Act 1996 before Ld. ADJ and in response I recd. reply from respondents.

kindly confirm whether I can file replication to the reply by respondents or it will straightly lead to arguments and deciding of suit by the Ld. ADJ?


 7 Replies

Advocate Bhartesh goyal (advocate)     28 October 2017

No,you can not file replica,Petition u/s 34 of Arbitration and conciliation Act is not a suit,but objections on Award.court may call the record of Arbitrator andafter having heard both the parties decides the objections.

1 Like

Keshav kamra   28 October 2017

Thanks, however, I just called one advocate who said I can file a rejoinder if I want.
There are some specific denials to the reply filed by respondents which onwards I would like to place before Delhi high court in an already existing application...

Siddharth Srivastava (Advocate)     28 October 2017

It is rejoinder and not replication which is to be filed. As such, there is no provision for rejoinder/ replication so you have the option either to file rejoinder or to lead argument .

1 Like

manoj   29 October 2017

you have right to file replication to contend the contents of counter filed by the respondent

manoj

advocate

8686159292

1 Like

Keshav kamra   29 October 2017

can I file rejoinder now and later lead arguments?

SHIRISH PAWAR, 7738990900 (Advocate)     30 October 2017

You can file rejoinder or you can present your case in arguments. As there is no provision to file rejoinder court may reject it is the descretion of court to accept rejoinder. 

1 Like

Keshav kamra   30 October 2017

thanks to all !

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