National Agricultural ... vs Earthtech Enterprises Ltd.
2014 Latest Caselaw 5819 Del

$~28
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      O.M.P. 1404/2014
       NATIONAL AGRICULTURAL CO-OPERATIVE
       MARKETING FEDERATION OF INDIA LTD. ..... Petitioner
                    Through: Mr Aquib Ali & Mr Abhishek Bhardwaj,
                    Advs.

                               versus

       EARTHTECH ENTERPRISES LTD                ..... Respondent
                     Through: Mr Lakshay Sawhney & Mr Saurabh,
                     Advs.
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER
               ORDER

% 14.11.2014

IA No. 22077/2014 (Exemption)

1. Allowed subject to just exceptions.

OMP No. 1404/2014

2. This is a petition filed under Section 27 of the Arbitration & Conciliation Act, 1996 read with Section 151 of the CPC. By this petition assistance is sought to summon Mr S.K. Maggu, s/o late Shri B.C. Maggu, R/o 16A, Pocket A-13, Kalkaji Extension, New Delhi - 110 019. The aforesaid person was under cross-examination as the petitioner's witness, i.e., the original claimant.

3. It is averred that since Mr S.K. Maggu has retired from service, it has been difficult to obtain his presence for further cross-examination by the respondent. Therefore, an application was moved before the learned arbitrator, who by an order dated 17.09.2014, has granted his approval for

moving the court. In the order passed by the learned arbitrator, it is recorded that the respondent has no objection to such approval being granted. Learned counsel for the respondent is present in court, who re- affirms this position.

4. Accordingly, the petition is allowed. Summons will issue to Mr S.K. Maggu. He shall present himself before the learned arbitrator on 22.11.2014 at 3.30 p.m. at 59, Hemkunt Colony, Opp. Nehru Place, New Delhi - 110

019. The petitioner will be free to pay the diet money to Mr S.K. Maggu at the hearing fixed before the learned arbitrator, on the date and time indicated above. The registry will facilitate the issue of summons upon other requisite steps being taken by the petitioner. It is made clear, that Mr S.K. Maggu will continue to appear before the learned arbitrator on dates given hereafter in the matter till he is discharged.

5. The petition is, accordingly, disposed of.

6. Dasti.

RAJIV SHAKDHER, J NOVEMBER 14, 2014 kk