Rule 10
Procedure For Taking Assistance Of Court In Examination Of Evidence
10. Procedure for taking assistance of court in examination of
evidence:
(1) In case of requirement of assistance of court for the purpose of examination of evidence pursuant to section 23 of the Act, arbitrator shall request to the concerned district court in written form.
(2) Following aspects shall be mentioned in the request pursuant to sub-rule (1):
(a) Name, surname and address of claimant and respondent,
(b) Nature of dispute and subject matter of intended remedy before arbitrator,
(c) Type of assistance required form district court on what type of evidence to be examined relating to the dispute
under consideration before arbitrator,
(3) While requesting to district court for the purpose of causing a document to be executed elaborating any matter from any person clear questions shall be prepared about the matter to be asked. Upon the receipt of request mentioning questions to be asked district court should summon such person, draw the answer as per the question and send it following procedure pursuant to prevailing laws.
(4) Upon the receipt of application pursuant to sub-rule (2) district court may order the concerned person to be present self before the arbitrator and deliver the statement or to submit documentary evidence to be submitted if it is remaining on his/her hold and that substantially affect the decision of arbitrator or to do other required
work and task or to deliver statement by presenting before arbitrator or to submit any documentary evidence.
(5) District court may initiate proceedings and punish against contempt of its own to a person not complying with the order pursuant to sub-rule (3) or (4).
evidence:
(1) In case of requirement of assistance of court for the purpose of examination of evidence pursuant to section 23 of the Act, arbitrator shall request to the concerned district court in written form.
(2) Following aspects shall be mentioned in the request pursuant to sub-rule (1):
(a) Name, surname and address of claimant and respondent,
(b) Nature of dispute and subject matter of intended remedy before arbitrator,
(c) Type of assistance required form district court on what type of evidence to be examined relating to the dispute
under consideration before arbitrator,
(3) While requesting to district court for the purpose of causing a document to be executed elaborating any matter from any person clear questions shall be prepared about the matter to be asked. Upon the receipt of request mentioning questions to be asked district court should summon such person, draw the answer as per the question and send it following procedure pursuant to prevailing laws.
(4) Upon the receipt of application pursuant to sub-rule (2) district court may order the concerned person to be present self before the arbitrator and deliver the statement or to submit documentary evidence to be submitted if it is remaining on his/her hold and that substantially affect the decision of arbitrator or to do other required
work and task or to deliver statement by presenting before arbitrator or to submit any documentary evidence.
(5) District court may initiate proceedings and punish against contempt of its own to a person not complying with the order pursuant to sub-rule (3) or (4).