LAWS(BOM)-2022-1-117

DILIP S/O. BHAVANJI SHAH Vs. ERROL MORAES

Decided On January 17, 2022
Dilip S/O. Bhavanji Shah Appellant
V/S
Errol Moraes Respondents

JUDGEMENT

(1.) This proceeding is filed under 27 of the Arbitration and Conciliation Act, 1996 (for short "the Act "), which provides for the Court 's assistance in taking evidence by enabling the arbitral tribunal or a party with the approval of the tribunal to apply to the Court for assistance in taking evidence.

(2.) In the present case, an application came to be made by the petitioner/original respondent before the arbitral tribunal, to examine one Mr. Anil Jaiswal as a witness in the arbitral proceeding. Such application of the petitioner was opposed by the respondent by filing a reply. On such backdrop, the arbitral tribunal heard the parties and by a detailed order dtd. 11/1/2021 has come to a conclusion, that allowing the petitioner to lead evidence of such witness would certainly not cause any prejudice to the respondent. The arbitral tribunal also observed that the evidence of such witness, as intended to be examined by the petitioner, would be material and not altogether a waste of time, as was urged on behalf of the respondent-claimant. A perusal of the said order passed by the tribunal clearly indicates that all objections of the respondent in that regard were considered by the arbitral tribunal and were rejected, as not relevant. Accordingly, on such approval being granted by the arbitral tribunal to examine such witness, the petitioner/original respondent has filed this petition under sec. 27 of the Act praying that this Court issues a witness summons to Mr. Anil Jaiswal.

(3.) Mr. Saraogi, learned counsel for the petitioner has reiterated the case of the petitioner as placed before the tribunal pointing out the necessity for the petitioner to examine such witness. He has drawn the Court 's attention to the relevant paragraphs of the order dtd. 11/1/2021 passed by the arbitral tribunal to submit that the arbitral tribunal in granting its seal of approval in permitting the petitioner to examine the said witness has considered the merits of the petitioner 's contentions as also the opposition of the respondents. He submits that in the circumstances, the petition is required to be allowed by issuance of a witness summons to the said witness.