M/S.Impex Trading Gmbh vs M/S.Flora Exports
2009 Latest Caselaw 838 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                            OMP No.125/2009

%                      Date of Decision: 16.03.2009

M/s.Impex Trading GMBH                             .... Petitioner
                   Through Mr.Sandeep Aggarwal, Advocate.

                                 Versus

M/s.Flora Exports                                 .... Respondent
                      Through Nemo.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.   Whether reporters of Local papers may be                 YES
     allowed to see the judgment?
2.   To be referred to the reporter or not?                    NO
3.   Whether the judgment should be reported in                NO
     the Digest?

ANIL KUMAR, J.

*

This is an application under Section 27 of the Arbitration &

Conciliation Act, 1996 seeking summoning of Shri Sunder Lal,

Investigating Officer, from the Police Station Sarai Rohilla, New Delhi to

bring all records relating to FIR No.737 dated 15th July, 2006 filed in

Kalkaji Police Station in connection with the theft of consignment from

containers which were being transported from Panipat.

By an order dated 20th February, 2009 passed in OMP

No.78/2009, this court had directed the concerned police official from

Kalkaji Police Station to bring all the record pertaining to the FIR

No.737 dated 15th July, 2006 before the Arbitrator on 2nd March, 200.

Though the order was served at Police Station Kalkaji on 27th February,

2009 the witness did not appear before the Learned Arbitrator on 2nd

March, 2009. It is stated by the petitioner that on enquiry they have

learnt that the concerned Investigating Officer, Sh. Sunder Lal, has

been transferred and is presently stationed at Police Station Sarai

Rohilla.

The respondent had not opposed summoning of the witness

before the Arbitrator in the earlier OMP No.78 of 2009 filed on behalf of

the petitioner.

In the circumstances, petition is allowed. The petitioner is

permitted to summon the witness before the Learned Arbitrator. On

petitioner/applicant taking steps within two days, the concerned

witness, Sh. Sunder Lal from the Police Station Sarai Rohilla, New Delhi

be summoned before the learned arbitrator for 26th March, 2009 at 2.30

PM at Federation House, Tansen Marg, New Delhi - 110 001 to bring all

records relating to FIR No.737 dated 15th July, 2006 filed in Police

Station Kalkaji in connection with the theft of consignment from

containers which were transported from Panipat. The notice be also

given dasti to the petitioner.

With these directions the petition is disposed of.

FEBRUARY 20, 2009                                  ANIL KUMAR, J.
"k"