LAWS(BOM)-2016-6-44

MONTANA DEVELOPERS PRIVATE LIMITED Vs. ADITYA DEVELOPERS

Decided On June 22, 2016
Montana Developers Private Limited Appellant
V/S
Aditya Developers Respondents

JUDGEMENT

(1.) By this petition filed under section 27 of the Arbitration & Conciliation Act, 1996 (for short the "Arbitration Act") the petitioner seeks an order and direction for issuance of witness summons against various persons/entities with a direction to produce various documents set out in prayer clauses (a) and (b) of the petition before the learned arbitrator on 11th July, 2016 at 11:00 a.m. Some of the relevant facts for the purpose of deciding this petition are as under :

(2.) The petitioner is the claimant in the arbitration proceedings, whereas the respondents are the original respondents.

(3.) On 17th September, 2013 and 1st October, 2013, by consent of parties, a former Chief Justice of India was appointed as a sole arbitrator to adjudicate upon the disputes and differences between the parties. The petitioner filed a statement of claim on 30th November, 2013. The statement of claim was resisted by the respondents by filing statement of defence. The parties led oral evidence before the learned arbitrator. The evidence of the petitioner was closed. The respondents have commenced the evidence of their witnesses. During the pendency of the evidence of the respondents, the petitioner applied for permission to examine more witnesses and to produce various documents.