Siddhi Developers And 3 ORS v. Asmita India Limited

ppn 1 14.arbp-330.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.330 OF 2017 Siddhi Developers & Ors.

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Petitioners Vs.

Asmita India Ltd.

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Respondent --- Mr.Devendra Avhad i/by M/s.Thodur Law Associates for the petitioners. Mr.Sahil Mahajan for the respondent.

--- CORAM : R.D. DHANUKA, J.

DATE : 4th January 2018 P.C.:

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By this petition filed under section 27 of the Arbitration and Conciliation Act, 1996, the petitioners seek assistance of this Court to appoint forensic expert from Forensic Science Laboratory, Hyderabad to give his opinion in respect of the disputed documents. 2.

The present application is vehemently opposed by the respondent on the ground that the petitioner has not disputed the signatures of the petitioners on those documents annexed at Exhibits 'B' and 'E' to the statement of claim.

3.

A perusal of paragraph 1 of the application filed by the petitioners before the learned arbitrator clearly indicates that it is the case of the petitioners that signatures of the petitioners on those documents were taken on blank papers and thereafter the respondent allegedly has manipulated those documents, much after the date when the signatures of the petitioners where affixed thereon.

ppn 2 14.arbp-330.17.doc 4.

In view of these averments in paragraph 1 of the application before the learned arbitrator, I am not inclined to grant any relief as prayed in the petition. Petition is misconceived and is accordingly dismissed. No order as to costs.

R.D. DHANUKA, J.