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HIGH COURT OF DELHI
Date of Decision: 08.02.2019
KINGS FURNISHING & SAFE COMPANY ..... Petitioner
Through: Ms. Chandrika Gupta with Ms. Nidhi Samnotra, proxy counsels for Mr. Rajat Aneja, Adv
Through: None.
I.A. No. 1974/2019 (Exemption)
JUDGMENT
1. Allowed, subject to just exceptions. O.M.P. (E) (COMM.) 1/2019
2. This is a petition filed under Section 27 of the Arbitration and Conciliation Act, 1996.
3. The prayer made in the petition is to summon witnesses qua which the learned Arbitrator after hearing both sides has passed an order dated 22.01.2019.
4. I am informed by counsel for the petitioner that advance notice of the instant petition was given to the counsel who appeared for the respondent before the learned Arbitrator. 2019:DHC:871 O.M.P. (E) (COMM) 1/2019 Pg. 2 of 2
5. In these circumstances, in my view, no formal notice needs to be issued to the respondent.
6. The prayer made in the petition is allowed.
7. Summons shall issue to the witnesses who are referred to in paragraph 4 of the application which was disposed of by the learned Arbitrator while passing order dated 22.01.2019.
8. The petitioner will deposit the moneys towards to-and-fro expenses and other incidental expenses of the witnesses so summoned with the Coordinator, DIAC.
9. The Coordinator will disburse the money to the persons who appear pursuant to the summons.
10. The petition is disposed of in the aforesaid terms.
11. The Registry will dispatch a copy of the order passed, today, to the Coordinator, DIAC as well as counsel for the respondent.
12. Dasti.
RAJIV SHAKDHER (JUDGE) FEBRUARY 08, 2019 c