M/S Indwell Constructions Pvt Ltd vs M/S Power Machines (India) Ltd
2014 Latest Caselaw 6575 Del

      * IN THE HIGH COURT OF DELHI AT NEW DELHI
+                                O.M.P. 1503/2014
%                        Judgement pronounced on: 08.12.2014

      M/S INDWELL CONSTRUCTIONS PVT LTD                 ..... Petitioner
                        Through: Mr Shadan Farasat and Ms Sanchita
                        Ain, Advs.


                        versus


      M/S POWER MACHINES (INDIA) LTD           ..... Respondent
                   Through: Mr Akshat Razdan, Advocate


CORAM:
HON'BLE MS. JUSTICE DEEPA SHARMA

JUDGMENT (ORAL)

1. The present petition has been filed under Section 27 of Arbitration

and Conciliation Act, 1996, seeking assistance of the Court for summoning

the witness Santosh Kumar Jha, AGM, NTPC, Lara Super Thermal Power

Project, National Thermal Power Corporation Ltd. Prachi Vihar, Bade

Atarmuda, District-Raigarh, Chhatisgarh to appear as a witness before the

Arbitral Tribunal for 23.01.2015, at 11.00 AM, At Hotel, The Ashoka,

Chanakyapuri, New Delhi. It is submitted on behalf of the petitioner that

arbitral proceedings are going on between him and the respondent. During

the course of those proceedings, he felt the necessity to summon the

witnesses, Mr Santosh Kumar Jha and Mr Jaydev Pareda, AGM, NTPC. He

moved an appropriate application before the learned Arbitrator seeking

permission to approach this Court for summoning of the witnesses. Vide

order dated 03.11.2014, the Arbitrator had given the permission to the

petitioner for moving this Court for seeking assistance for summoning of the

witnesses for appearance before him.

2. I have heard the arguments and seen the relevant order of the

Arbitrator.

3. Section 27 of the Arbitration and Conciliation Act, 1996 empowers

this Court for issue summon to the witness whose presence is required in the

arbitral proceedings and for whom, the permission has been sought by the

petitioner. In the present case, vide order dated 03.02.2014, the Arbitrator

has given permission to the petitioner to seek assistance of this Court for

summoning the witness. Accordingly, I allow the present petition. Since the

petitioner has sought the assistance of this Court for summoning only one

witness, process be issued in the name of Santosh Kumar, AGM, NTPC. He

is directed to be present before the Arbitral Tribunal as a witness on

23.01.2015, at 11.00 AM, at Hotel, The Ashoka, Chanakyapuri, New Delhi

along with the relevant documents/record.

The petition stands disposed of.

DEEPA SHARMA (JUDGE) DECEMBER 08, 2014 BG