High Court of DelhiO.M.P./690/2012

Food Corporation Of India,Ludhiana v. M/S Grewal Rice And General Mills, Jagraon

2015-01-30Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~OS-27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. 690/2012 FOOD CORPORATION OF INDIA,LUDHIANA..... Petitioner Through None versus M/S GREWAL RICE AND GENERAL MILLS, JAGRAON ..... Respondent Through Mr.Siddharth Dutta, Mr.Kumar Dushyant Singh and Mr.Mukul Lather, Advs.for the applicant

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 19.07.2017 IA No.7953/2017 This application is filed by the respondent for direction to the learned Arbitrator that the order dated 30.01.2015 passed by this court be implemented regarding leading of evidence and permission of crossexamination etc. Earlier the learned Arbitrator had passed the Award on 26.4.2012. In a challenge to the Award before this court, this court on 30.1.2015 set aside the Award and remitted the matter back to the learned Arbitrator for deciding the claims filed by the petitioner on merits, in accordance with law.

The grievance of the applicant/respondent appears to be that when the matter was taken up afresh by the learned Arbitrator an application filed by

the respondent seeking cross-examination of the claimant's witness and application for bringing the entire original documents was dismissed. A perusal of paragraph 6 of the order passed by the learned Arbitrator dated 28.4.2017 dismissing the application filed by the respondent seeking crossexamination of the claimant's witnesses would show that the learned Arbitrator has taken a view that implicit in the order of this court dated 30.1.2015 is the direction that the matter has been remitted back for the limited purpose of passing a fresh Award on merits on the basis of the existing record. Hence, a view was taken that directions of this court do not warrant any further evidence being recorded.

I dispose of this application with a clarification that it would be for the learned Arbitrator to take a decision regarding any request made for additional evidence/cross-examination and a bar to the same cannot be read in the order passed by this court dated 30.1.2015. Application stands disposed of.

Dasti.

JAYANT NATH, J JULY 19, 2017 n