M/S Adigear International & ANR v. Subhash Aggarwal & ORS.

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (E) (COMM.) 15/2018 M/S ADIGEAR INTERNATIONAL & ANR ..... Petitioners Through: Mr.Pravan Jain, Adv.

versus SUBHASH AGGARWAL & ORS.

..... Respondents Through: Counsel (appearance not given)

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 04.05.2018 Counsel for the petitioner submits that there is a typographical error in prayer -A of the petition. Instead of and in place of 15th May, 2018, inadvertently, the date 14th May, 2018 has been typed. This is a petition under Section 27 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking assistance of this Court for issuance of summons for appearance to the following witnesses:- S. No. Particulars of the witnesses Purpose i.

Mr.Bedi, M/s Jasko Industries 193 B, Nishat Bagh, Bhattian, Ludhiana +91-9814702184 To prove that the Respondents have been working towards the satisfaction of the supply order by Purchasing the requisite raw material.

ii.

Meenakshi Bahri, M/S Ace Prints, Jaypee Wish Town, Kalypso Court, Tower 3, Flat No.803, Sector 128, Noida Expressway, Uttar Pradesh201301 To prove that the Respondents have been working towards the satisfaction of the supply order by Purchasing the requisite raw materials.

iii.

Ms.Heena, M/s Heena Knitwears, Bhadur ke Road, Ludhiana141002, opposite Ludhiana Cold Store, New Veer Nagar.

To prove that the Respondents have been working towards the satisfaction of the supply order by Purchasing the requisite raw material iv.

Concerned Official, Karur Vysys Bank, Ramesh Nagar Branch Maj Pankaj Batra Marg, Sharda Puri, Ramesh Nagar, New Delhi, West Delhi, New Delhi, Delhi 110015 To produce and prove the Bank Account Statements of the Account Nos.4108281000000926, 4108107000000011 and 4108135000005084 as well as to produce the bank account opening forms of these accounts.

v.

Concerned Official of the Stock Holding Corporation of India, IFCI Tower, "A" Wing, Fifth Floor, 61 Nehru Place, New Delhi110019 To show the time and place of purchase of the stamp papers used for the alleged Agreement dated 16.05.2014 and the alleged Addendum dated 16.05.2014 vi.

Mr.Madan Lal Gupta, Advocate/Notary Public, Chamber No.B-36, B.g.s. Block, Tishazari, Tis Hazari Court, Delhi-110054 Mob-9312232091 To produce his register of records which would contain the records pertaining to the date of 19.05.2015.

The Sole Arbitrator vide order dated 9th April, 2018 allowed the petitioner to have the said witnesses summoned for appearance to give testimony in the arbitration proceedings. In view of the above, let summons for appearance be issued to above-named witnesses to appear before the Sole Arbitrator Justice

R.V.Easwar (Retired) on 15th May, 2018 in 11.00 a.m. in Room No.2, Narula Chambers, C-215, Defence Colony, New Delhi. Summons be served dasti.

The petition is disposed of in the above terms. NAVIN CHAWLA, J MAY 04, 2018 RN