PAPER MERCHANT'S ASSOCIATION [REGD.]

Kagaz Bhawan, 132, Gali Batashan 

Chawri Bazar, Delhi - 6

Ph: 3261345 


Constitution And Rules

Rules for Arbitration Cases framed by the Executive Committee under Rule XVI (15) of the Constitution & Regulation

1. In regard to the Aims and Objects of the Paper Merchants Association (Regd.) Delhi Rule II Sub Clause (13) the disputes including disputes of non-payment between member to member or member to an outsider shall be decided by the Arbitrator/Arbitrators appointed by the Association. The Award given by the Arbitrator/Arbitrators shall be binding on both the parties. The disputes including disputes of nonpayment between member to member and member to an outsider shall be filled in the Association as per above reference.
In case of any dispute including dispute of nonpayment in respect to this bill the same shall be referred to the "Paper Merchants Association (Regd.) Delhi" for sole arbitration and the judgement given by the Arbitrator/Arbitrators appointed by the Executive Committee shall be final and binding on both the parties.
2. For an outsider the above term of Arbitration will be printed or stamped on original and duplicate sale invoices and both the parties will be bound to this term.
Even if the term of Arbitration is not printed on the Sale invoices and both the parties appear and participate in the Arbitration proceedings, it will be presumed that the parties have accepted the Arbitration.
3. The case shall be first entered in office register and thereafter that shall be presented to the General Secretary.
4. The General Secretary shall refer the case to the Arbitrator or Arbitrators appointed by the Executive Committee for decision.
5. The Arbitrator/Arbitrators on receipt of the case shall issue the notices to the parties for the date of hearing fixed in the case.
6. If any of the party does not appear or participate in the Arbitration proceedings, one reminder for the next hearing of the case shall be sent to the defaulter party/parties.
7. The documents relating to the case shall be filed by the parties for further proceedings.
8. If any party does not appear and participate in the Arbitration proceedings even after reminder the Arbitrator may pass exparte orders or any order which he thinks proper against the said party. If both the parties do not appear in the case, the case will be dismissed in default.
9. In case the suit is dismissed in default or exparty orders are passed against the defendent, the case be re-opened to its actual position by setting aside the orders. It will be on the discretion of the Arbitrator to order for the payment of cost for re-opening the case, in any case note more than Rs. 500/-. The application to reopen the case of setting aside the order shall be made within 30 days from the date of passing the order.
10. The Arbitrator/ArbitratorsyTribunal shall decide the disputes including the disputes of nonpayment referred to him/them by Paper Merchants Association (Regd.) in accordance with Arbitration Act and amendments made there in from time to time by the Central Government.
11. If any party files any appeal against the order of the Arbitrator he can file this appeal before the Tribunal which will be consisted of 3 members. The appeal shall be filed within 30 days of the receipt of the copy of Award.
12. The Appeal so filed by the party shall be referred by the General Secretary to the Tribunal Judges and they will inform the parties the date of hearing. As a general no evidence/proof shall be given in the Appellate Court, but in case the Tribunal thinks reasonable and necessary in the interest of justice then the case can be remanded to the Arbitrator concerned for re-consideration. No party shall file any interim appeal. The appeal can be filed after final decision of the case.
13. The Arbitrator/Judges of Tribunal may pass order for gazetting notice in a Newspaper if the respondent/defendent avoids the services of the notice.
14. The Abitrator/Tribunal may give time to judgement debtor to pay the decreetal amount.
15. If any party is unable to appear and participate in the Arbitration proceeding in person he can send any authorised representative on his behalf in writing to appear and participate in the Arbitration proceedings, with due instructions.
16. The petition fee for the claim and appeal shall be charged as under—
From Rs. 1 to 25.000/- Rs. 300.00
From 25. 001 to Rs. 50.000/- Rs. 500.00
Rs. 50,001 to Onwards Rs. 1000.00
17. File inspection will be allowed with due permission of the Arbitrator concerned and a sum of Rs. 25/- shall be paid for the same by the inspecting party.
18. For certified copy of any statement/documents Rs. 2/- per page will be charged. CERTIFIED TRUE COPIES WILL BE ISSUED BY THE OFFICE SECRETARY WITH SEAL UNDER INSTRUCTIONS OF THE CONCERNED ARBITRATOR/JUDGES OF TRIBUNAL.
19. The notice (s) will be issued to the defendent (s) on the process fee of Rs. 50/- for hand delivery service per notice. The Regd. A. D. envelopes shall be filed by the claimant on the order of the Arbitrator concerned.
20.The Award/Judgement given by the Arbitrator Tribunal shall be circulated between the members within 30 days from the date of announcement of the Award/Judgement.
21. 4/5 members shall be appointed by the Executive Committee to act as Tribunal and any 3 members of the so appointed members of Tribunal, may decide the appeal referred to them.
22. Proper receipts of all payment (regarding Arbitration) shall be issued by the office of the Paper Merchants Association.
We the several persons, whose names and addresses are subscribed hereunder, are desirous of being formed into an association for the purpose aforesaid and in pursuance of these Memorandum and Articles of Association.
ALL THE PROVISIONS OF THE SOCIETIES REGISTRATION ACT XXI 1860 (PUNJAB AMENDMENT) ACT, 1957 AS EXTENDED TO THE UNION TERRITORY OF DELHI AND ITS STATUTORY MODIFICATIONS WILL APPLY TO THIS ASSOCIATION.

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