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High Court of DelhiO.M.P. (E) (COMM.)/11/2016

Abdul Aziz v. Shafiqur Rehman & ANR.

2016-03-14Hon'Ble Mr. Justice Manmohan Singh2 pages

$~70 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (E) (COMM.) 11/2016 ABDUL AZIZ ..... Petitioner Through Mr.Kanishk Ahuja, Adv.

versus SHAFIQUR REHMAN & ANR.

..... Respondents Through Mr.Umesh Mishra, Adv.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 14.03.2016 The present petition is disposed of with the consent of the parties. It is submitted that the petitioner had moved an application under Section 27 of the Arbitration and Conciliation Act, 1996 before the Arbitrator for his approval for summoning of the Head Clerk from the Department of Ministry of Rehabilitation (Custodian ), Management Wing, New Delhi with the entire records of Property No. 3255-3256, Sarai Khalil, Delhi. (old No. 44904491,Ward No. 14, Sarai Khalil, Delhi) and the list of transfer of properties made to MCD, Slum and JJ, Deptt. in 1969 to prove the transfer of properties made to MCD, Slum and JJ Department in 1969. The learned Arbitrator allowed the said application by orders dated 11th February, 2015. It is submitted that on 18th February, 2016 the above said witness did not appear and neither the relevant official records was made available. Hence, the arbitration proceedings are now adjourned by the learned Arbitrator for 19th April, 2016.

It is stated that the disputes between the

parties are commercial in nature as per the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. The prayer of this application is not opposed by the counsel for the respondents.

Hence, the prayer is allowed.

The Registry would issue summons to the above said witnesses to bring records as mentioned in para 5 of the petition, before the Arbitrator Mr.Dinesh Agnani, Sr. Advocate and Sole Arbitrator on 19th April, 2016 at 2.30 PM in the Chamber No. 265, Lawyers' Chamber Block I, Delhi High Court, New Delhi. The petition stands disposed of. Dasti.

MANMOHAN SINGH, J.

MARCH 14, 2016/vp