The Muskann C.G.E. Coopertive Group Housing Society Ltd v. M/S. Civilcon Engineers

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (E) (COMM.) 19/2018 THE MUSKANN C.G.E. COOPERTIVE GROUP HOUSING SOCIETY LTD.

..... Petitioner Through Mr.Kshitij Kumar and Mr.Apurv, Advs.

versus M/S. CIVILCON ENGINEERS ..... Respondent Through None

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 31.05.2018 IA No.7744/2018 (Exemption) Allowed, subject to all just exceptions.

O.M.P. (E) (COMM.) 19/2018 This petition has been filed by the petitioner under Section 27 of the Arbitration and Conciliation Act, 1996 praying for issuance of summons for the appearance of the below mentioned witnesses along with the relevant records to appear before the Sole Arbitrator in Case Ref. No.DAC/1642/0417 titled as Civilcon Engineers vs. The Muskaan C.G.E. Cooperative Group Housing Society Ltd at the Delhi International Arbitration Centre (DIAC) on 04.07.2018 at 2.00 p.m.:

SI.

No.

Documents sought to be proved 1.

Sh.Deepak Hirani, Name & Address of the Witness Facts sought to be proved a) Bills, To prove the bills,

b) Delaying of drawings, c) Payment schedule, d) left over work (balance works as shown in SOC), e) Works awarded and payments to M/s. H R Enterprises, f) super area of the project, g) steel consumption, and h) letter dated 24.04.2012 2.

Sh.Nagendra Kumar, Ex.- President Block10, Quarter No.152, Lodhi Colony, New Delhi-110003.

Architect M/s Dharam Dass & Associates, 21-A, DDA Flats, Gulabi Bagh, Delhi110057 delaying of drawings, payment schedule, left over works (balance works as shown in SOC, works awarded and payments to M/s. H R Enterprises, super area of the project, steel consumption and letter dated 24.04.2012 a. Ledger account/statement of H R Enterprises, b. Ledger account/ statement of account of M/s Basoya Welding Works, c. Ledger account/ statement of account of M/s Sita Ram Mehra, d. Letter related to R 7 of the Counter Claim (Rs.38,90,040/-) e. Excess payment as per payment schedule, f. Minutes Book of M/s Civilcon Engineers As the Arbitrator has already allowed the application of the petitioner To prove the work awarded & payment to H R Enterprises, M/s Sita Rame Mehra & Co., letter related to R-7 of the counter-claim (Rs.38,90,040/-), excess payment as per payment schedule, minutes of the general body meeting and letter received from M/s.

for summoning of these witnesses vide order dated 11.05.2018, the present petition is allowed. Let summons be issued to the above named witnesses for their appearance before the Sole Arbitrator at the DIAC on 04.07.2018 at 2.00 p.m. with the abovementioned records.

The petitioner shall pay the diet money to the witnesses on their appearance before the Arbitrator.

The summons may be issued to be served dasti by the petitioner. The petition is disposed of with the above direction, with no order as to costs.

Dasti.

NAVIN CHAWLA, J MAY 31, 2018/Arya