National Spot Exchange Limited v. Spin-Cot Textiles Private Limited

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ARBPL 790 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARIBITRATION PETITION (L) No. 790 OF 2017 National Spot Exchange Limited ....Petitioner Vs.

Spin-Cot Textiles Private Limited ....Respondent *********** Mr. Chirag Kamdar a/w. Shashank Trivedi i/b. Naik Naik & Company *********** CORAM: M.S.SANKLECHA, J.

DATE : 12TH OCTOBER, 2017.

P.C:- 1.

This petition is under Section 27 of the Arbitration and Conciliation Act, 1996 (the Act) seeking the assistance of this Court to issue a witness summons to Mr. Ashok Patkar, SGS, currently having its officer at SGS House, 4B Adi Shankaracharya Marg, Vikhroli (W0, Mumbai - 400 083, to appear as a witness on behalf of the Petitioner before the Arbitral Tribunal.

2.

This application has been made in consequence to the order dated 16th September, 2017 of the Sole Arbitrator recording the fact that the Respondent has no objection in the Petitioner applying this Court for issuing a witness summons to Mr. Ashok Patkar. Tikam

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ARBPL 790 of 2017 3.

In the above view, the petition is allowed in terms of prayer clause (a). The Petitioner is directed to submit the venue and the time of the arbitral hearing where and when the witness is to appear. This to enable the Prothonotary and Senior Master to comply the order of this Court to issue a witness summons. The necessary particulars will be provided by the Petitioner within four weeks from today.

4.

Arbitration petition is allowed in the aforesaid terms. (M. S. SANKLECHA,J.) Tikam