West End Motors vs Delhi Metro Rail Corporation
2017 Latest Caselaw 3211 Del

$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                    Judgment delivered on: 12.07.2017

+        OMP(E) (COMM.) 16/2017
WEST END MOTORS                                            ..... Petitioner

                            versus
DELHI METRO RAIL CORPORATION                               ..... Respondent

Advocates who appeared in this case:
For the Petitioner :        Mr Manuj Aggarwal, Advocate.

For the Respondent     :    Mr M.U. Khan, Advocate

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
                   JUDGMENT

12.07.2017

SANJEEV SACHDEVA, J. (ORAL)

1. This is a Petition under Section 27 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) on behalf of the petitioner for directions for summoning of Sh. Pankaj Sood, Inspecting Engineer Rites Ltd. RITES, Bhawan-I, Sector-29, Gurgaon, Haryana, India-122001.

2. It is contended that, in terms of Section 27 of the Act, the Arbitral Tribunal, by order dated 24.05.2017, has granted approval for summoning of the witness.

3. Issue notice. Notice is accepted by the learned counsel appearing for the respondent, who submits that he has no objection to summoning of the witness.

4. In view of the above, the petition is allowed.

5. The Registry is directed to issue summons for the presence of the witness Mr Pankaj Sood, Inspecting Engineer or such other officer holding the position of Inspecting Engineer in Rites Ltd, before the Arbitrator on 04.08.2017 at 2:00 pm, at the Office of the Delhi High Court Bar Association, Conference Room No.6, High Court of Delhi to:-

(i) produce and to prove, records and reports of inspection of prime movers and trailers including the inspection conducted on 30.09.2006, 05.10.2006, 06.10.2006, 28.03.2007, 13.05.2007 and inspection certificate was issued on 06.10.2006

(ii) to prove documents already on record.

6. The petition is accordingly disposed of.

SANJEEV SACHDEVA, J JULY 12, 2017 'Sn'