High Court of DelhiO.M.P. (E) (COMM.)/13/2016

Greentech Power Pvt.Ltd. v. Ntpc Vidhyut Vyapar Nigam Ltd

2016-08-11Hon'Ble Mr. Justice Manmohan Singh2 pages

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (E) (COMM.) 13/2016 GREENTECH POWER PVT. LTD.

..... Petitioner Through Mr.Pawan Kumar Mittal, Adv.

versus NTPC VIDHYUT VYAPAR NIGAM LTD ..... Respondent Through Mr.Bharat Sangal, Adv.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 11.08.2016 The abovementioned petition has been filed by the petitioner under Section 27 of the Arbitration and Conciliation Act, 1996. It is stated in the petition that the petitioner/claimant has already filed its statement of claim and the written statement has been filed by the respondent. The petitioner has also filed some of the communications sent by it to the Rajasthan Renewable Energy Corporation Ltd., Jaipur. All these documents are the part of the record of Arbitral Tribunal and the same have been denied by the respondent during the course of admission and denial.

It is further submitted that the said documents are required to be proved by the petitioner and as such, the same can be proved only by a witness from the office of the Rajasthan Renewable Energy Corporation Limited. Hence, the present petition has been filed with a prayer to summon an official from the office of the Rajasthan Renewable Energy Corporation

Ltd. along with the communications, the details of which are given in Annexure P-2; an official from Rajasthan Vidyut Prasaran Nigam Limited, along with the communications, the details of which are given in Annexure P-3 and an official form Jodhpur Discom along with the communications, the details of which are given in Annexure P-4. Notice of this petition was issued to the respondent. No reply has been filed by the respondent. The next date of hearing before the Arbitral Tribunal has been fixed for 29th August, 2016 at 5.00 p.m. In view of the averments made in the petition, the prayer is allowed. The Registry would issue summons to the said witnesses, the details of whom are mentioned in Annexure P-2 to P-4 filed along with the petition, to appear before the Arbitral Tribunal at the venue of Arbitration, i.e. Radisson Blu Hotel, Mahipal Pur, New Delhi, on 29th August, 2016 at 5.00 p.m. The petition is accordingly disposed of.

Dasti, to both the parties.

MANMOHAN SINGH, J AUGUST 11, 2016/ka