Jagdish Morarji Thakkar v. Bhagwandas Morarji Thakkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.69 OF 2025 Jagdish Morarji Thakkar

...Petitioner

Versus

Bhagwandas Morarji Thakkar & Anr.

...Respondents

Mr. Prashant Sarwankar, Advocate for Petitioner. Mr. G.S. Bhat, Advocate for Respondents.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 18, 2025 PC :

1.

This is a Petition under Section 27 of the Arbitration and Conciliation Act, 1996 ("the Act") seeking issuance of Court Summons to specific witnesses, which has already been permitted by the Learned Arbitral Tribunal, by its Order dated November 12, 2024. 2.

Learned Counsel for the Petitioner also tenders minutes of meeting held on January 17, 2025, by which the Learned Arbitrator has also permitted examination of Mr. Mahendra Vora, Chartered Accountant and Mr. Mitesh R. Palan, Chartered Accountant, who were to be examined by the claimant in the arbitral proceedings. 3.

Today when the matter is called out, Learned Counsel for the Petitioner submits that Sharekhan Limited, Axis Securities Limited and Axis Bank Limited have provided all the requisite materials and therefore the Petitioner is not seeking any prayers for summoning these witnesses. Likewise Mr. Mitesh R. Palan has also consented to appear before the arbitral tribunal. Consequently, he presses the prayer for by AARTI GAJANAN PALKAR Date:

2025.02.21 17:14:30 +0530 AARTI GAJANAN PALKAR

issuing process and witness summons to the remaining witnesses, namely, SBICap Securities Limited, Union Bank of India, State Bank of India (Vashi Branch) and State Bank of India (Mulund [West] Branch). 4.

Learned Counsel for the Respondent does not have any opposition since this is a covered matter in the proceedings held before the Learned Arbitral Tribunal. In these circumstances, the following prayers contained at Clauses (b), (d), (e) & (f) are allowed :- b) This Hon'ble Court be pleased to issue process/witness summons directing the said SBICAP Securities Ltd., Marathon Futurex, A & B Wing, 12th Floor, N.M. Joshi Marg, Lower Pare!, Mumbai-400013, through its duly authorised person, to appear and produce in evidence, duly authenticated Holding Statement (of each financial year) and Transaction statements, from its inception till date in respect of following Demat Account No. BO ID:1204720004402011, in the name of Mulraj Morarji Thakkar, directly before the Ld., Arbitral Tribunal of Ld. Sole Arbitrator, Mr. Justice A. K.

Menon (Retired) on 3/12/2024 at 4.30 pm or on any such date and time as this Hon'ble Court may deem fit; d) This Hon'ble Court be pleased to issue process/witness summons directing the said Union Bank of India, Anant Deep Chamber, N.N. Street, Bhat Bazar, Chinchbunder, Mandvi, Mumbai - 400009, Branch, required to appear and produce in evidence, through its duly authorised person a duly authenticated Statement of Account No.318101010023068, from its inception till date, directly before the Ld. Arbitral Tribunal of Ld. Sole Arbitrator, Mr. Justice A. K. Menon (Retired) on 3/12/2024 at 4.

30 pm or on any such date and time as this Hon'ble Court may deem fit; e) This Hon'ble Court be pleased to issue process/witness summons directing the said State Bank of India (SBI), having address at APMC Bridge, 1st Floor, Devgiri Complex, 2, Near Dana Bazar, Sector 19C, Vashi, Navi Mumbai- 400703, Branch, required to appear and produce in evidence, through its duly authorised person a duly authenticated Statement of Account No. 10386847077, from its inception till date, directly before the Ld. Arbitral Tribunal of Ld. Sole Arbitrator, Mr. Justice A. K. Menon (Retired) on 3/12/2024 at 4.30 pm or on any such date and time as this Hon'ble Court may deem fit; f) This Hon'ble Court be pleased to issue process/witness summons directing the said State Bank of India (SBI), having address at Rathod Bhuvan, Zaver Road, Opp. Jain Temple,.

through duly its duly authenticated 33981405019, standing in the name of Mulraj Morarji Thakkar, from its inception till date, directly before the Ld. Arbitral Tribunal of Ld. Sole Arbitrator, Mr. Justice A. K. Menon (Retired) on 3112/2024 at 4.30 pm or on any such date and time as this Hon'ble Court may deem fit;"

5.

In addition, witness summons shall also be issued to Mr. Mahendra Vora, Chartered Accountant identified in the minutes of meeting held by the arbitral tribunal on January 17, 2025. The contact particulars of the said Mr. Mahendra Vora are as under:- M/s. Mahendra Vora & Co., Chartered Accountant, Office No.4, 1st Floor, Shreenath Shopping Centre, D.J. Road, Vile Parle (W), Mumbai - 400 056.

6.

Registry to issue summons as per the Rules. The Advocates for the Petitioner shall approach the Registry as expeditiously as possible after this order is uploaded on the website of this Court to take the matter further.

7.

Learned Counsel for the Petitioner submits that since the next date of hearing before the arbitral tribunal is scheduled on March 12, 2025, the summons should be made, returnable on March 12, 2025. Such prayer is accepted. The Registry to act accordingly. 8.

With the aforesaid directions, this Petition is finally disposed of. 9.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.]