Full Text
HIGH COURT OF DELHI
O.M.P. 805/2014
Judgement pronounced on: 08.12.2014 DTC ..... Petitioner
Through: Mrs Avnish Ahlawat, Advocate
Through: None.
JUDGMENT
1. The present petition has been filed under Section 27 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’). From the bare reading of the Section, it is apparent that this Court can be approached for assistance for issuance of summon, etc. for procuring the attendance of the witnesses by any party to arbitral proceedings with the approval of the Arbitral Tribunal.
2. The petitioner has filed the present petitioner for issuance of the notice and direction to Indraprastha Gas Limited, IGL Bhawan, Plot No.4, Community Centre, R.K. Puram, Sector-9 to depute a senior technical officer to depose before the Arbitral Tribunal on 27.08.2014. 2014:DHC:6837
3. It is also submitted on behalf of the petitioner that now the date fixed before the Tribunal is 13.12.2014. No copy of the order has been placed on record. The petitioner has relied on the order of the Arbitral Tribunal dated 03.07.2014 and argued that vide this order, the Arbitral Tribunal has given the approval to the petitioner to approach this Court.
4. The petitioner has approached this Court under Section 27 of the Act, which is, to the extent it is relevant, reproduced as under:-
5. The requirement of the said Section is that this Court can be approached only with the approval of the Arbitral Tribunal. It is argued by the learned counsel for the petitioner that the Arbitral Tribunal has vide its order dated 03.07.2014 has granted the permission to seek the assistance of this Court in securing the attendance of the witness. I have gone through the relevant order of the Arbitral Tribunal. There is nothing in the order which can suggest even remotely that any permission has been given to the petitioner to seek the assistance of this Court in securing the attendance of the witness. The last paragraph of the order shows otherwise. This order clearly shows that Arbitral Tribunal has itself summoned the relevant witness.
6. In view of this, it is apparent that the petitioner has no permission of the Arbitral Tribunal to approach this Court under Section 27 of the Act. The petition, therefore, is not maintainable and the same is dismissed. Dasti.
DEEPA SHARMA (JUDGE) DECEMBER 08, 2014 BG