SIAL BIOENERGIE Vs. SBEC SYSTEMS

JUDGEMENT

(1.) A submission has been made on behalf of the Judgment Debtor in support of these applications which seek to lead oral evidence in support of the objections(EA.No.733/03) to the enforcement of the Award dated 19th May, 2003 under Sections 48 and 34 of the Arbitration & Conciliation Act, 1996(in short the `1996 Act'), the phrase `furnish proof to the Court' in Section 48(1) would include oral evidence.

(2.) Section 48 of the 1996 Act reads as follows:-

(3.) On the strength of the aforesaid plea, it has been contended by Mr. Rajive Sawhney, the learned senior counsel, appearing on behalf of the Judgment Debtor that Shri Sushil K. Agrawal and Shri S.S. Agrawal should be permitted to be summoned as witnesses of the judgment debtor/applicant and they should also be permitted to be cross-examined. It is submitted that Shri Sushil Agrawal had filed his affidavit in support of the objections and was a witness of the applicant before the arbitrator like S.S. Agrawal and both of them were cross-examined before the arbitrator. Thus S.K. Agrawal and S.S. Agrawal are required to depose inter alia as witnesses of the applicant as they had personal knowledge of the entire case and can depose in support of the applicant's objections in this Court.