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High Court of DelhiO.M.P. (E) (COMM.)/30/2018

Sanjay Gupta v. M/S Aarone Developers Pvt. Ltd.

2018-10-11Hon'Ble Mr. Justice Navin Chawla2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (E) (COMM.) 30/2018 SANJAY GUPTA ..... Petitioner Through: Mr.Kapil Gupta, Mr.Manish Vashisht, Advs.

versus M/S AARONE DEVELOPERS PVT. LTD.

..... Respondent Through: Mr.Siddhant Nath, Adv. for Mr.Ankit Jain, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 11.10.2018 IA 14168/2018 Exemption allowed subject to all just exceptions. OMP (E)(Comm.) 30/2018 1.

This petition has been filed by the petitioner under Section 27 of the Arbitration and Conciliation Act, 1996 praying for assistance of this Court in summoning the witnesses mentioned in paragraph 5 of the petition to appear before the Sole Arbitrator for recording their evidence on 15.10.2018.

2.

Counsel for the respondent, who appears on an advance notice submits that the respondent has no objection if the prayer made in the petition is granted.

3.

The Arbitrator vide his order dated 03.10.2018, allowed the petitioner to summon the said witnesses and accordingly, the prayer made in the petition is granted.

4.

Let summons be issued to the following witnesses for their

appearance before the Sole Arbitrator on 15.10.2018 at 4.30 PM at Imperial Hotel, Janpath, New Delhi:

(i) Ashu Paul & Associates, Architects Interior Designers, Flat 7451, Pocket D-7, Vasant Kunj, New Delhi-70 (ii) Record Keeper With record of CS No.304 of 2013 titlted "Jaum Khan vs Sanjay Gupta" from the court of Civil Judge-02, South, Saket Courts, New Delhi (Goshwara No.401/2016) (iii) Record Keeper From the Hon‟ble High Court of Delhi with records of CS(OS) (COMM) No.646 of 2017 titled "Sanjay Gupta vs. Krishna Hospitality & Anr.", CS(OS) (COMM) No.647 of 2017 titled "Sanjay Gupta vs. Balaji Hospitality & Ors." and CS(OS) (COMM) No.670 of 2017 titled "Karamdeep Finance and Investment (I) Pvt. Ltd. vs. Alliance Hospitality & Ors." (iv) Sub-Registrar Sub-District, 5A, Hauz Khas, New Delhi with the record of sale deed dated 28.01.2016 bearing serial no.664 dated 28.01.2016 executed by Mr.Jaum Khan in favour of Shri Sanjay Gupta/Respondent.

(v) Branch Manager, Standard Charted Bank, Narain Manzil, 23, Barakhamba Road, New Delhi.

5.

The summons be given dasti to the counsel for the petitioner for effecting service.

6.

The diet money shall be paid by the petitioner to the said witnesses on their appearance before the Arbitrator. 7.

The petition is allowed in the above terms.

NAVIN CHAWLA, J OCTOBER 11, 2018 RN