M/S. Continental Glass Traders v. V.N. Salla And Sons Real Estate Pvt. Ltd.

arbp1526-14 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1526 OF 2014 M/s.Continental Glass Traders

...Petitioner

V/s.

V.N. Salla & Sons Real Estate Pvt. Ltd.

...Respondent

Mr.Deepak Shukla i/b Vinod Mistry & Co. for the Petitioner. None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 8TH JUNE, 2015.

P.C. :- 1.

Learned counsel appearing for the petitioner states that the respondent has been served. The statement is accepted. None appeared for the respondent, though served.

2.

By this petition the petitioner seeks issuance of witness summons on the Income Tax Department in terms of prayer clauses (a) and (b) in this petition filed under section 27 of the Arbitration & Conciliation Act, 1996. Learned counsel for the petitioner invited my attention to an order dated 12th August, 2012 passed by the learned arbitrator allowing the application dated 10th March, 2014 filed by the petitioner seeking permission to apply this Court for issuance of the witness summons.

1/2

arbp1526-14 3.

In view of the order dated 12th August, 2014, passed by the learned arbitrator, I am inclined to allow this petition in terms of prayer clauses (a) and (b).

4.

The petition is accordingly made absolute in terms of prayer clauses (a) and (b). The witness summons be issued upon the department described in prayer clauses (a) and (b) of the petition and shall be directed to remain present before the learned arbitrator on the date to be intimated by the petitioner within one week from today. The parties which are directed to remain present, shall be given sufficient notice.

5.

The petition is disposed of in the aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2