Naresh Somchand Shah v. Ahamed Sharif Khot And 2 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION (LODGING) NO.1826 OF 2015 Naresh S. Shah

...Petitioner

V/s.

Ahamed S. Khot & Ors.

...Respondents

Mr.Akshay Patil i/b Mr.Satendra Kumar for the Petitioner. Mr.Gauraj Shah i/b S. Kothari & Co. for the Respondent Nos.1 and 2. CORAM : R.D. DHANUKA, J.

DATE : 22ND SEPTEMBER, 2015.

P.C. :- 1.

By this petition filed under section 27 of the Arbitration & Conciliation Act, 1996 (for short "Arbitration Act") the petitioner seeks issuance of summons to the respondent no.3 to depose before the arbitral tribunal and to produce the documents described in paragraph 11 of the petition.

2.

Learned counsel appearing for the respondent nos.1 and 2 have no objection if the relief as prayed by the petitioner is granted. The statement is accepted.

3.

A perusal of the order dated 23rd July, 2015 passed by the arbitral tribunal indicates that the arbitral tribunal has granted approval to the petitioner to apply to this Court for assistance in taking 1/3

evidence.

4.

The arbitration petition is accordingly made absolute in terms of prayer clauses (a) and (b). The respondent no.3 is directed to depose before the arbitral tribunal and to produce the documents described in paragraph 11 of the petition on 19th October, 2015 at 11:00 a.m. and all other subsequent dates as may be required by the petitioner and arbitral tribunal. No order as to costs. 5.

Parties as well as the arbitral tribunal to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/3

"Certified to be true and correct copy of original signed order." 3/3