Delhi High Court
Psa Nitrogen Limited vs Company Secretary Gail (India) ... on 16 March, 2022
$~19(2022)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16th March, 2022
+ O.M.P. (E) (COMM.) 4/2022
PSA NITROGEN LIMITED ..... Petitioner
Through: Mr Sanjay Gupta, Mr Devesh
Malan, Advocates.
versus
COMPANY SECRETARY GAIL (INDIA)
LTD. ..... Respondent
Through: Mr Tishampati Sen, Mr Anurag
Anand, Ms Udita, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
VIBHU BAKHRU, J. (ORAL)
O.M.P. (E) (COMM.) 4/2022
1. The petitioner has filed the present petition under Section 27 of
the Arbitration and Conciliation Act, 1996, inter alia, praying as
under:-
"a) Pass an Order/Directions to set aside
the Order Dated 25th February 2022
and allow the Petitioner to conduct
its evidence.
b) Pass necessary order/directions for
summoning and taking evidence of
Mr. Kotak subramanium as an
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Digitally Signed
By:Dushyant Rawal
Witness and/or any other official in
place of him."
2. It is seen that by the procedural order dated 25.02.2022 passed
by the Arbitral Tribunal, the evidence of the petitioner (Claimant
before the Arbitral Tribunal) was closed. The said order records the
statement made on behalf of the respondent that it did not wish to
examine any witness. Therefore, the respondent's evidence was closed
as well. Prior to 25.02.2022, the matter was taken up by the Arbitral
Tribunal on 12.01.2022. At the said hearing, the evidence of
petitioner's witness (CW-1) was recorded and he was discharged. The
Arbitral Tribunal had noted that no affidavit of any other witness had
been filed on behalf of the petitioner (claimant), despite several
opportunities. However, at that stage, the learned counsel appearing
for the petitioner had stated that the petitioner required to examine one
further witness who is an officer of the respondent. However, no
witness was present on behalf of the petitioner on 25.02.2022.
3. The Arbitral Tribunal had listed the matter for final hearing on
21.03.2022.
4. Section 27 (1) of the Arbitration and Conciliation Act, 1996
enables an application to be made to the Court for assistance in taking
evidence. However, the said application is required to be made either
by the Arbitral Tribunal or any party, with the approval of the Arbitral
Tribunal.
5. Section 27 (1) of the A&C Act, is set out below:-
"27. Court assistance in taking evidence. -
(1) The arbitral tribunal, or a party with the
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approval of the arbitral tribunal, may apply to
the Court for assistance in taking evidence."
6. In the present case, concededly, the petitioner does not have any
approval of the Arbitral Tribunal to make this application. On the
contrary, the petitioner seeks to challenge the order dated 25.02.2022
passed by the Arbitral Tribunal. This is clearly beyond the scope of
Section 27 of the A&C Act.
7. The present petition is misconceived and is, accordingly,
dismissed. The pending application is also disposed of.
VIBHU BAKHRU, J
MARCH 16, 2022
pkv/v Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:Dushyant Rawal
