Delhi High Court - Orders
Girdhar Impex Limited vs A And A Automobiles Private Ltd on 3 May, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (E) (COMM.) 15/2023
GIRDHAR IMPEX LIMITED ..... Petitioner
Through: Dr. Farrukh Khan, Mr. Amrit Jot
Singh Lamba, Advocates.
versus
A AND A AUTOMOBILES PRIVATE LTD ..... Respondent
Through: Ms. Zubeda Begum, Mr. R.L.
Sinha, Ms. Neha Narang,
Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 03.05.2023
1. By way of this petition under Section 27 of the Arbitration and Conciliation Act, 1996, the applicant (claimant in arbitral proceedings) seeks directions of the Court to summon six witnesses mentioned in paragraph 4 of the petition.
2. Dr. Farrukh Khan, learned counsel for the petitioner, relies upon an order of the learned arbitrator dated 18.02.2023, wherein the learned arbitrator has recorded that he has perused the list of witnesses, and in the facts and circumstances of the case, liberty has been given to approach this Court for summoning of the witnesses.
3. Ms. Zubeda Begum, learned counsel for the respondent, submits that the respondent's contentions on the scope, relevance and probative value of any evidence led by the summoned witnesses may be reserved to Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:04.05.2023 19:53:03 O.M.P. (E) (COMM.) 15/2023 Page 1 of 3 be adjudicated before the learned arbitrator. Subject to this reservation, she has no objection to the relief sought.
4. In view of the above, summons will issue to the six witnesses mentioned in paragraph 4 of the petition to appear before the learned arbitrator on the following dates: -
Particulars of the Witness Date, Time & Venue to be mentioned in the summons
1. Concerned official/ clerk from On 13.07.2023 at 03:00 PM, the office of OSD/HOD Supreme Court Bar Co-Operative (Industrial Department), Noida House Building Society Limited, Authority Neeti Bagh Club, Neeti Bagh, New Address- Administrative Delhi-110049 Complex Sector 6, Noida -
201301, District Gautam Budh Nagar, Uttar Pradesh, India (CW-
2)
2. Concerned officials of Noida On 13.07.2023 at 03:00 PM, Authority involved in sealing/de- Supreme Court Bar Co-Operative sealing of property bearing Plot House Building Society Limited, no. E- 7, Sector 63, Noida, Phase- Neeti Bagh Club, Neeti Bagh, New III, Noida, District Gautam Budh Delhi-110049 Nagar, Uttar Pradesh admeasuring 1950 sq. mtrs.
(Demised Premises) (CW-3)
Address- Administrative
Complex Sector 6, Noida -
201301, District Gautam Budh
Nagar, Uttar Pradesh, India
3. Concerned Ahlmad/Record On 20.07.2023 at 03:00 PM,
Clerk from the Court of Ms. Supreme Court Bar Co-Operative
Anam Rais Khan. Ld. MM, House Building Society Limited,
Rouse Avenue Court, New Delhi Neeti Bagh Club, Neeti Bagh, New
(CW-4) Delhi-110049
4. Concerned officials/record On 20.07.2023 at 03:00 PM,
clerk from the office of SHO PS: Supreme Court Bar Co-Operative
Kasana, Gautam Buddha Nagar House Building Society Limited,
Signature Not Verified
Digitally Signed By:SHITU
NAGPAL
Signing Date:04.05.2023
19:53:03 O.M.P. (E) (COMM.) 15/2023 Page 2 of 3
Address: 1st Cross Avenue, Neeti Bagh Club, Neeti Bagh, New
Greater Noida 201308 UP, India Delhi-110049
(CW-5)
5. Concerned officials/record On 21.07.2023 at 03:00 PM,
clerk from the office of SHO PS: Supreme Court Bar Co-Operative
Sector 63, Gautam Buddha Nagar House Building Society Limited,
(CW-6) Neeti Bagh Club, Neeti Bagh, New
Address: C-075, C Block, Sector Delhi-110049
63, Noida, Uttar Pradesh 201301
6. Concerned official/ Record On 21.07.2023 at 03:00 PM,
Clerk from the court of Ld. Civil Supreme Court Bar Co-Operative
Judge (Sr. Div.) Gautam Budha House Building Society Limited,
Nagar, Uttar Pradesh (CW-7) Neeti Bagh Club, Neeti Bagh, New
Address- District & Sessions Delhi-110049
Court, Gautam Buddha Nagar
Phase 2 Road, Near State Bank
Of India, Block B, Phase 2,
Noida, Uttar Pradesh 201305
5. The petition is disposed of in these terms.
PRATEEK JALAN, J MAY 3, 2023 "Bhupi"/ Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:04.05.2023 19:53:03 O.M.P. (E) (COMM.) 15/2023 Page 3 of 3