Mrs Veena Garg v. Shri Ramesh Chander Garg

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (E) (COMM.) 13/2024 MRS VEENA GARG ..... Petitioner Through:

Mr. Manoj Chouhan, Mr. Ujjwal Singh Parmar, Ms. Neha Raj Singh, Advs.

(Email:

ozspartners@gmail.com) versus SHRI RAMESH CHANDER GARG ..... Respondent Through:

Mr. Himanshu Kapoor, Mr. Surjeet Singh Malhotra, Advs.

CORAM:

DR. JAGMINDER SINGH (DHJS) JOINT REGISTRAR (JUDICIAL)

O R D E R

% 26.04.2024 I.A. No. 9300/2024(Application on behalf of appellant under Section 151 CPC seeking exemption from filing certified copies of the documents and also the annexures/documents having in sufficient lefthand margin) Exemption allowed, subject to all just exceptions. I.A. stands disposed of.

O.M.P. (E) (COMM.) 13/2024 This is an application moved on behalf of the petitioner under Section 27 of the Arbitration Act for summoning of the witness. Learned counsel for respondent opposed the application on the ground that the matter is listed before the learned Arbitrator on 29.04.2024 at 02:15 PM and therefore, there is no possibility to get the summons served and appearance of the witness as 27.04.2024 & 28.04.2024 are holidays. At this, learned counsel for petitioner / applicant submitted that he The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 12:37:43

will get the summons served dasti to avoid unnecessary delay in the proceedings and therefore, the application may be allowed. I have considered the submissions. It is not disputed that the matter is listed before the learned Arbitrator on 29.04.2024 at 02:15 PM. The concerned witness i.e. bank official has to come from Canara Bank, Branch Mayapuri, Delhi along with relevant records. In view of the submissions made by learned counsel for the applicant, let the witness be summoned along with the relevant record pertaining to the Account Numbers as mentioned in the application from the period 01.06.2018 to 30.09.2018, before the learned Arbitrator for 29.04.2024 i.e. the date already fixed at 02:15 PM.

As requested, process / summons be served by way of dasti, on taking necessary steps on behalf of the applicant.

The application is accordingly disposed of.

DR. JAGMINDER SINGH (DHJS) JOINT REGISTRAR (JUDICIAL) APRIL 26, 2024/sms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 12:37:43