Bombay High Court
Maharashtra State Electricity Board vs Sterlite Technologies Limited on 12 July, 2023
Author: Bharati Dangre
Bench: Bharati Dangre
2023:BHC-OS:6622
1/3 26 CARBPL-15679-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMM. ARBITRATION PETITION (L) NO.15679 OF 2023
Maharashtra State Electricity .. Petitioner
Distribution Company Limited
Versus
M/s.Sterlite Technologies Ltd. .. Respondent
...
Mr.Kiran Gandhi with Mr.Aakash Kothari i/b Little & Co. for
the Petitioner.
...
CORAM: BHARATI DANGRE, J.
DATED : 12th JULY, 2023 P.C:-
1. The present petition, fled under Section 27 of the Arbitration & Conciliation Act, 1996, seeks assistance of this Court, in the wake of the order passed by the Arbitral Tribunal on 29/12/2022.
2. In the two distinct applications fled before the Arbitral Tribunal; being an application for leading additional evidence and an application under Section 27, the petitioner/ MSEDL has justifed before the Tribunal as to why there is a need to adduce the additional evidence.
M.M.Salgaonkar ::: Uploaded on - 15/07/2023 ::: Downloaded on - 16/07/2023 02:19:52 ::: 2/3 26 CARBPL-15679-23.odt Though the claimant strongly objected to the production of the said evidence, at the stage by stating that it is belated, as the claimant's evidence is closed and the cross-examination of the respondent's witness is almost complete, in the interest of justice, the Tribunal allowed the application and permitted leading of additional evidence, as prayed for, subject to the payment of costs of Rs.5,00,000/-.
The order of the Tribunal specifcally mention that the claimant is at liberty to recall any or all of the claimant's witnesses to lead evidence with respect to M/s. Sterlite Technologies Pvt. Ltd. and Truing Up of Invoices.
3. In the wake of the aforesaid relief being granted, the petitioner seek assistance from this Court for issuance of summons to M/s. Sterlite Technologies Pvt. Ltd., for production of the original documents, to which a reference has been made in the petition as well as in the order by the Arbitral Tribunal.
4. Considering the prayer in the petition and on hearing the learned counsel for the petitioner, since the Tribunal has already ruled upon the necessity of the documents being produced in the evidence, I deem it appropriate to allow petition in terms of prayer clause(a).
The summons shall be issued to M/s.Sterlite Technologies Pvt. Ltd. on the address mentioned in the title cause, making it returnable on 20/08/2023, when the Arbitral Tribunal has scheduled it's hearing. The summons shall M.M.Salgaonkar ::: Uploaded on - 15/07/2023 ::: Downloaded on - 16/07/2023 02:19:52 ::: 3/3 26 CARBPL-15679-23.odt clearly indicate that the respondent through it's authorised representative shall remain present before the Tribunal on the said date.
5. The petition stands disposed off in the aforestated terms.
( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar ::: Uploaded on - 15/07/2023 ::: Downloaded on - 16/07/2023 02:19:52 :::