SILOR ASSOCIATES SA Vs. BHARAT HEAVY ELECTRICAL LTD.

JUDGEMENT

(1.) This petition has been preferred under Section 27 of the Arbitration & Conciliation Act, 1996 (the Act) to seek necessary orders and directions to direct the respondent to produce the two documents, the details whereof are as follows:

(2.) The parties to this petition are before an arbitral tribunal in respect of the disputes which have arisen between them in relation to the contract dated 14.02.2003 i.e. the Service Provider Agreement (SPA). The petitioner is the claimant in the arbitral proceedings, and is claiming its service charges from the respondent.

(3.) It appears that the petitioner moved an application to seek discovery and production of several documents from the respondent. By order dated 20.07.2013, the arbitral tribunal - consisting of three learned arbitrators, has held that the aforesaid two documents are relevant evidence in the matter. The tribunal has expressed the opinion that the disclosure of the said documents is necessary for giving the claimant full opportunity to present its case and that the said documents appear to be, prima facie, relevant.