ARBAP/67/2018
2022 Latest Caselaw 1933 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                     COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      01.07.2022                     ARBAP No. 67 of 2018
                                     Sri Vipin Sanghi, C.J.
                                           Mr. Aditya Singh, the learned counsel for the
                                     applicant.

                                          Mr. Xitij Kaushik, the learned counsel for the
                                     respondent no. 1.

The applicant is seeking the appointment of a

sole arbitrator in terms of the arbitration agreement

contained in the Agreement dated 17.06.2001, in

Clause 5 thereof.

The respondents have filed their counter

affidavit, and it is stated in paragraph no. 8 thereof

that the present Application has been filed on the basis

of forged and fabricated documents.

The respondents state that the original

agreement dated 15.12.1990 was registered on

14.01.1991, and its extension agreement dated

15.10.1991 was registered on 19.10.1991, and that

these agreements expired long back. Thereafter, on

the basis of forged and fabricated documents, the

applicant is allegedly trying to grab the property of the

respondents. The respondents also seek a direction to

the applicant to produce the original documents so that their genuineness can be examined.

In the light of the judgment of the Supreme

Court in Velugubanti Hari Babu v. Parvathini

Narasimha Rao and Another, (2016) 14 SCC 126,

before the parties could be referred to arbitration, it is

essential for me to be satisfied whether the Arbitration

Agreement is a forged and fabricated document.

Accordingly, I direct the applicant to place on

record the original documents, on the basis of which

the present Application is premised. The same be filed

in a sealed cover within a week.

List this case on 08.07.2022.

(Vipin Sanghi, C.J.) 01.07.2022 Rahul