RASIKLAL RATILAL Vs. FANCY CORPORATION LTD

JUDGEMENT

(1.) THE petitioner has filed the present petition for issue of letter of request/witness summons to Jankalyan sahakari Bank Ltd. (Respondent no. 2) as contemplated under Section 27 of the Arbitration and Conciliation act, 1996 (for short, "arbitration Act") for production of the original 8 Bills of Exchange, 8 cheques and 8 dishonoured memos as per Exhibit "a" annexed to the petition.

(2.) THE petitioner is a claimant before the Honble arbitral Tribunal. Respondent no. 1 against whom the claim is made in the sum of Rs. 2,69,31,779/- together with interest. The petitioners basic claims are arising out of these documents. Therefore, an application under Section 27 of the Arbitration Act was filed by the petitioner being Arbitration Petition no. 379/2006 in this Court. After hearing the petitioner and respondent no. 1 by an order dated 29. 08. 2006 the said petition was allowed in terms of prayers (a), (b)and (c ). The said order was communicated to respondent no. 2 vide letter dated 12. 09. 2006.

(3.) ON 25. 09. 2006 representative of respondent no. 2-Bank was present through their Advocates and informed to the honble Tribunal that they have certified copies of the original documents. They have not produced the original documents. However, they agreed to produce the original documents within a period of two weeks from 25. 09. 2006. As the original documents were not produced, the petitioner has filed the present petition seeking direction against respondent no. 2 to produce the original documents as referred above. Section 27 of the arbitration Act as relevant is reproduced as under: