Airwil Jkm Infracon Pvt. Ltd. v. Cadillac Infotech Private Ltd.
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (E) (COMM.) 1/2018 & I.A. 156/2018 AIRWIL JKM INFRACON PVT. LTD.
..... Petitioner Through:
Ms.Gurkamal Hora Arora, Adv.
versus CADILLAC INFOTECH PRIVATE LTD.
..... Respondent Through:
Mr.Mitash Charan, Adv.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 05.01.2018 This petition under Section 27 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner praying for assistance of this court in summoning witnesses to appear before the Sole Arbitrator who is adjudicating the disputes between the parties. Sole Arbitrator had, vide its record of proceedings dated 11.12.2017, granted leave to the petitioner to approach this Court for summoning of the witnesses.
The learned counsel for the respondent, who appears on advance notice, has no objection if the prayer made in the present petition is granted.
I accordingly direct issuance of summons to the following two witnesses who shall appear before the Sole Arbitrator Justice Sudhir Kumar Katriar (Retd.) on 22.01.2018 at 4:30 p.m. at his residence i.e. Awfis, 18, Link Road, Jangpura Extention, New Delhi-110014
Name and address the Concern Clerk/Officials/Manager Witness No. 1 to be summoned from the Axis Bank Ltd., B-2&3, Sector 16, Noida Branch, Noida, District Gautam Budh Nagar, UP Description record / Tripartite Escrow Account Documents agreement dated 03.11.2014 entered between Cadillac Infotech Pvt. Ltd. and Airwil JKM Infracon Pvt. Ltd. and Axis Bank Ltd.
Statement Escrow Bank Account bearing No.914020052118519 for the period starting from 28.11.2014 designated as Airwil JKM Infracon Pvt. Ltd. with details of signatory of the said account.
Statement of bank account in the name of Cadillac Infrotech Pvt.
Ltd.
bearing Account No.914020044707835 for the period starting from 16.10.2014.
Name and address of the witness Concern Clerk/Official/ manager No. 2 to be summoned from the HDFC Bank Ltd., Branch, Sector 16, Noida Description record / Statement of Account of Airwil
Documents JKM Infracon Pvt. Ltd. bearing No. 50200005218100 maintained with HDFC Bank Ltd., Sector-16, Noida and more particularly pertaining to the payments made through two RTGS dated 12.01.2016 of Rs. 10,00,000/- each and two RTGS dated 07.03.2016 of Rs. 10,00,000/- each in favour of Cadillac Infotech Pvt. Ltd.
I further direct issuance of summons to the following witnesses to appear before the above mentioned Arbitrator at the above given address on 23.01.2018 at 4:30 p.m.
Name and address of the witness Concern Clerk/Official/Manager No. 3 to be summoned from the Vijaya Bank, Vasundhara, Ghaziabad Description Statement of Bank Account of record/Documents Cadillac Infotech Pvt. Ltd., bearing No. 652900301000039 and more particulary with respect to:
i.
The payments received vide two RTGS dated 12.01.2016
of Rs. 10,00,000/- each and two RTGS dated 07.03.2016 of Rs. 10,00,000/- each from Airwil JKM Infracon Pvt. Ltd.
ii. Encashment cheques No.082868 and 082869 of Allahabad Bank, Tughlaqabad, Delhi of Rs.
50,00,000/- each, encashed around 19.02.2016 to 21.02.2016;
iii. RTGS of Rs. 50,00,000/- through RTGS vide UTR Number ALLA201602265002610690 transferred from the Bank Account of Vinod Kumar Sachdeva maintained with Allahabad Bank, Tughlaqabad, Delhi bearing No.20478777948 on 26.02.2016 iv. RTGS of Rs. 50,00,000/- through vide UTR Number ALLA201603285002752566
transferred from the Bank Account of Vinod Kumar Sachdeva maintained with Allahabad Bank, Tuqhlaqabad, Delhi bearing No.20478777948 on 28.03.2016.
v.
Encashment cheque No.78828 of Allahabad Bank, Tughlaqabad, Delhi of Rs.
50,00,000/-, encashed around 19.02.2016 to 21.02.2016 vi. RTGS of Rs. 50,00,000/- through vide UTR Number ALLA201602265002610625 from the Bank Account of Pramod Kumar Sachdeva maintained with Allahabad Bank, Tughlaqabad, Delhi bearing No. 2047883106 on 26.02.2016 vii. Encashment of cheque No.
83178 of Allahabad Bank, Tughlaqabad, Delhi of Rs.
50,00,000/- encashed around
19.02.2016 to 21.02.2016 viii. RTGS of Rs. 50,00,000/- through vide UTR Number ALLA201602265002610527 from the Bank Account bearing No. 20478769529 of Rajesh Kumar Sachdeva maintained with Allahabad Bank, Tughlaqabad, Delhi on 26.02.2016 Name and address of the witness Concern clerk/Official from the No.4 to be summoned office of Registrar of Companies, Nehru Place, Delhi Description record / From 8 filed by the Cadillac Documents Infotech Pvt. Ltd. pertaining to the Property Charged i.e. EM of Immovable property located at 1, 2, 11 and 12 Sector 135, Noida alongwith its attachment as the Term Loan Agreement dated 30.03.2012, Deed Hypothecation of Assets dated 30.03.2012 and Agreement for Hypothecation of Current Assets dated 30.03.2012
The diet money of the witnesses shall be paid on their appearance before the Arbitrator. Summons may be issued dasti to be served by the petitioner. The petition is allowed in the above terms. NAVIN CHAWLA, J JANUARY 05, 2018/rv