Mohinder Singh Dua And Another v. Kamla Landmarc Construction Pvt. Ltd.

51-carbp-1007-2018 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 1007 OF 2018 Mohinder Singh Dua and Another ... Petitioner vs.

Kamla Landmarc Construction Pvt. Ltd.

... Respondent Mr. Shailesh Naidu a/w. Mr. Manoj Gujar and Mr. Aniket Poojari i/b. C. R. Naidu & Co. for the Petitioner.

None for the Respondent.

CORAM : A.K. MENON, J.

th SEPTEMBER, 2018 DATE : 24 P. C.

1.

By this petition under section 27 of the Arbitration and Conciliation Act 1996 the petitioner seeks issuance of summons to produce original documents before the arbitral tribunal. From the minutes of the meeting held on 9 th July, 2018 it appears that the Advocate for the respondent has not objected to the production of these documents through the witness who is proposed to be summoned. Considering the fact that proceedings in the arbitration are now held up for want of this evidence the petition is liable to be allowed. In the circumstances, I pass following order : (i) Petition is allowed in terms of prayer clause (i). (ii) Prothonotary and Senior Master to issue summons returnable on th October, 2018 at 5.00 pm.

(A.K. MENON, J.) by Rajeshwari Ramesh Pillai Date: 2018.09.27 12:08:21 +0530 Rajeshwari Ramesh Pillai