Venus Mart (P) Ltd v. A.B Land (Pvt) Ltd

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (E) (COMM.) 20/2018 VENUS MART (P) LTD ..... Petitioner Through:

Mr Jagjit Singh, Mr Preet Singh and Mr Narayan Dev, Advocates.

versus A.B LAND (PVT) LTD ..... Respondent Through:

Mr B. K. Sood and Mr Harish Gaur, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 01.06.2018 IA No.8017/2018 1.

Allowed, subject to all just exceptions.

O.M.P. (E) (COMM.) 20/2018 2.

The petitioner has filed the present petition under Section 27 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, seeking summoning of witnesses to appear before the Arbitral Tribunal. 3.

The learned counsel appearing for the petitioner has also drawn the attention of this Court to an order dated 15.05.2018 passed by the Arbitral Tribunal giving liberty to the petitioner to approach this Court for summoning of the witnesses under Section 27 of the Act. 4.

For the reasons stated in the petition, the same is allowed. On the petitioner taking necessary steps, the Registry is directed to issue summons to:

(i) the Vice Chairman, DDA to depute a responsible officer to appear before the Arbitral Tribunal on 07.07.2018 and 10.07.2018 at 11:00 AM at the Delhi International Arbitration Centre (DIAC) and to produce the all records relating to the Lease Deed executed by the DDA in favour of M/s Aditya Infracon Pvt. Ltd., Plot No.8, Elegance Tower, Non-Hierarchical Commercial Centre, Jasola, New Delhi-110025 and the relevant records relating to sanction of building plans and completion certificate in respect of the aforesaid property;

(ii) shri Pradeep Sharma, Architect Director, Pradeep Sharma Architects Pvt. Ltd. C/o 64, Ground Floor, Poorvi Marg, Vasant Vihar, New Delhi to appear before the Arbitral Tribunal on 07.07.2018 and 10.07.2018 at 11:00 AM at the DIAC.

(iii) the authorized officer of M/s Johnson Control India Pvt. Ltd. to appear before the Arbitral Tribunal on 07.07.2018 and 10.07.2018 at 11:00 AM at the DIAC to produce all records relating to maintenance contracts executed with M/s A.B Land Pvt. Ltd. relating to the property bearing Plot No.8, Elegance Tower, Non-Hierarchical Commercial Centre, Jasola, New Delhi110025 including the records of the bills raised by M/s Johnson Control India Pvt. Ltd. in relation to the amounts charged by it in maintenance of the property in question.

5.

The petition is disposed of.

VIBHU BAKHRU, J JUNE 01, 2018 MK