Nearby Technologies Private Limited v. Uvik Technologies Private Limited
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION Commercial Arbitration Petition No. 282 Of 2025 SHRADDHA KAMLESH TALEKAR Nearby Technologies Private Limited
...Petitioner(s)
Versus
Uvik Technologies Private Limited
...Respondent(s)
SHRADDHA KAMLESH TALEKAR Date: 2025.06.03 12:58:18 +0530 Mr.Nishar Jayesh Keshavji, for Petitioner.
CORAM : SOMASEKHAR SUNDARESAN, J.
Date : May 7, 2025 P. C.
1.
This is a Petition under Section 27 of the Arbitration and Conciliation Act, 1996 ("the Act") asking for issuance of witness summons to any clerk or official of the Indian Express Newspapers Private Limited and Bennett Coleman and Company Limited to produce the records and give oral evidence in this arbitration matter.
2.
On the last occasion, since a request was made, the advocate for the Petitioner was asked to specifically explain the need for exercising the Court's power for issuance of summons and tender the material that would satisfy the need for using such power.
3.
Today, Learned Counsel for the Petitioner has tendered a compilation of documents. The compilation is taken on record. In that there are two articles, one published in Express Computer which belongs to the Indian Express Group and another in the Economic Times. It is not clear whether these articles are published in physical form or they are only in an online edition of these relevant publications. In these circumstances, the registry is directed to issue a notice to the Chief Compliance Officers in these two companies requesting them to certify a copy of the two articles as appended between pages 1 to 5 of the compilation of documents tendered today. They read as under :
Annexure "1" - Page 1 RuPay partners with RBL Bank to launch 'RuPay PoS' "The introduction of RuPay PoS to digitally empower merchants by turning their smartphones into a PoS machine"
By Express Computer On Dec 31, 2020 Annexure "2" - Page 4 The Economic Times tech "Infibeam acquires payments-focused UvikTech for Rs. 75 crore" Two companies, namely, Indian Express Newspapers Private Limited and Bennett Coleman and Company Limited may certify that these two articles as contained in the compilation were indeed published by them and send such certificate to the Learned Sole Arbitrator whose contact particulars are as follows :
Ms. Sneha Phene, Office Address : 317B, 3rd floor, New Bake House, Chamber of Commerce Lane, Kala Ghoda, Fort, Mumbai 400 001.
Email : phene.sneha@gmail.com 4.
A copy of the same may be sent to the registry to be kept on record. That apart, no useful purpose would be served summoning clerks and officials of these two organization to depose about the contents of the newspaper articles. Therefore, witness summons is not being issued to bring such persons to the arbitration for being examined and cross-examined about the content of the newspaper articles. The only confirmation that is sought from them is to certify that these two articles were indeed published by them either online or in print and to provide a certified copy of these articles as published to the Learned Sole Arbitrator.
5.
With the aforesaid directions, this Petition is finally disposed of. 6.
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.]