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High Court of DelhiO.M.P. (E) (COMM.)/28/2016

Unique Infoways Pvt. Ltd v. Sapphire Projects Pvt. Ltd. & ANR.

2016-06-03Hon'Ble Mr. Justice V. Kameswar Rao3 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (E) (COMM.) 28/2016, IAs 7414-7415/2016 UNIQUE INFOWAYS PVT. LTD ..... Petitioner Through:

Mr. Dhananjay Jain, Adv.

versus SAPPHIRE PROJECTS PVT. LTD. & ANR.

..... Respondent Through:

Mr. Dhananjay Mehlawat, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 03.06.2016 IA 7414-7415/2016 Exemption allowed subject to all just exceptions. Applications stand disposed of.

O.M.P. (E) (COMM.) 28/2016 1.

This is a petition filed under Section 27 of the Arbitration & Conciliation Act with the following prayers:- "a) Issue process for summoning:

Sh. S.D. Sharma, Director,Property Development, Nehru Place Metro Station, New Delhi-110019 with record of documents and correspondence between DMRC and its licensee and sub licensees

i. TDI Infrastructure Ltd. and affiliates/group Companies ii. V Cubed Pvt. Ltd. and Saaphire Projects Pvt. Ltd. respectively concerning upper ground floor of Nehru Place Metro Station.

b) to appear alongwith all the documents as mentioned above and depose before the learned Arbitral Tribunal presided by Hon'ble Justice A. . Shah (Retd.) on 19.07.2016 at 11 AM at the venue of arbitration i.e. Neeti Bagh Club, Neeti Bagh, New Delhi (or at any other seat of arbitration ) and while according liberty to the learned Tribunal to bound down the witness if required;

AND c) pass such other, further and consequential orders that may be deemed fit and proper in the interest of justice." 2.

Learned counsel for the petitioner has drawn my attention to the order dated May 21, 2016 of the Arbitral Tribunal, giving liberty to the petitioner to seek assistance of the Court under Section 27 of the Act to secure the presence of the witness.

3.

Let dasti summons be issued in the name of Mr. S.D. Sharma, Director, Property Development, Nehru Place Metro Station, New Delhi-19 for his appearance before the Arbitral Tribunal on July 20, 2016 at 11 am at Neeti Bagh Club, Neeti Bagh, New Delhi along with the following records:-

"Record of documents and correspondence between DMRC and its licensee and sub licensees i. TDI Infrastructure Ltd. and affiliates/group Companies ii. V Cubed Pvt. Ltd. and Saaphire Projects Pvt. Ltd. respectively concerning upper ground floor of Nehru Place Metro Station." Petition stands disposed of.

V. KAMESWAR RAO, J JUNE 03, 2016/ak