Deshraj Gupta & Ors. v. Shivraj Gupta & Ors.

1. By this order I propose to decide the present petition filed under Section 27 ofthe Arbitration and Conciliation Act, 1996. The petitioners are the respondents in the Arbitration Proceedings bearing No.Arb. Case No.4/2010 titled as Sh.Shivraj Gupta& Aiu". v. Sh. Deshraj Gupta& Ors.initiated bytherespondents before the learned Sole Arbitrator.

2. The petitioners had fried an application under Section 27 of the Arbitration and Conciliation Act, 1996 before the learned Sole Arbitrator seeking leave to make application before this Court for assistance in taking evidence by srunmoning ofSh.Rajendra Kmnar Gupta as witness who is one ofthe directors ofM/s. Hansraj Gupta & Co.Pvt. Ltd. having its office at20,Netaji Subhas Marg,Dayaganj,New Delhi.

3. Learned Sole Arbitrator by order dated 23''* August, 2011 OMP.No.2I2/2013 Page 1 of[3] 2013:DHC:8390 &) permitted the petitioners to apply to this Court for assistance for summoning the said Sh.Rajendra Kumar Gupta as a witness. In view of the said orders, the petitioners are seeking assistance of this Court to summon the said witness along with various documents and records, the details ofwhich are mentioned in the petition.

4. The leamed counsel for the respondent has no objection if Sh.Rajendra Kumar Gupta is summoned as a witness on behalf of petitioner but from the address of his residential address i.e. R-235, Greater Kailash, Part-I, New Delhi in individual capacity and not as a director on behalfofM/s. Hansraj Gupta & Co. Pvt. Ltd. at the office at 20, Netaji Subhas Mai'g, Dayaganj, New Delhi. As per respondents' counsel thatthe said fact is disputed by his clients. Secondly,he submits that the respondents would be entitled to cross-examine the witness not only in connection to the document dated 3'^'' February, 2005 but otherwise also.

5. After small hearing, I fmd some force in the submission of the leamed counsel for the respondents,thus,the present petition is disposed ofwith the following directions: i. Summons be issued by the Registry to Sh.Rajendra Kumar Gupta, at his residential address i.e. R-235, Greater Kailash, Part-1, New Delhi. ii. The respondents would be entitled to cross-examine the witness not only in connection with and relating to the aforesaid document but otherwise also.

6. As and when the date for his appearance is fixed, the petitioner would be at liberty to take necessaiy steps to take the assistance ofthe Registry for issuance ofnotice to the said witness. OMP.No.212/2013 Page 2of[3]

7. Copy ofthe order be given dasti to the parties. April 12,2013 (MANMOHANSINGHy JUDGE