Mrs. Sushila Jaya Poojary v. Mr. Thomara Koraga Poojary

909.arbap.61.2015.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 61 OF 2015 Ms Sushila Jaya Poojary ...Applicant vs Mr Thomara Koraga Poojary

...Respondent.

.....

Mr A.B.Ketkar for the Applicant.

Mr Ulhas Naik for the Respondent.

.....

CORAM : S.C. GUPTE, J.

MARCH 20, 2015 P.C. :

This Arbitration Application is under Section 27 of the Arbitration and Conciliation Act, 1996, read with Order 16 Rule 19 of the Code of Civil Procedure, 1908. The case of the Applicant is that in a pending arbitration before a sole arbitrator (Shri Justice S.S.Parkar (Retd)), the Applicant needs to summon a witness, namely, Atmaram Shetty (Chartered Accountant) having his address as mentioned in prayer clause (a) of the application, and accordingly seeks issuance of process/ summons to the witness. This application is made in pursuance of an order of the Arbitral Tribunal and also with consent of the Respondent.

Accordingly, the office is directed to issue a letter of request to Atmaram Shetty (Chartered Accountant), having his address at Pali Hill, Bandra (West), Mumbai - 400 050, to appear before the Arbitral Tribunal constituted of Shri Justice S.S.Parkar (Retd), on 27 March 2015 at 3.30 p.m. at Room No.40, 3rd Floor, Alli Chambers, N.M.Road, Fort, Mumbai - 400 023, along with the summoned records, in accordance with the order of the Arbitral Tribunal dated 16 October 2014. Application is disposed of accordingly. There shall be no order as to costs.

( S.C.GUPTE J. ) Pg 1 of 1