2002 Supreme(Bom) 1322
F.I.REBELLO
Harinarayan G. Bajaj – Appellant
Versus
Sharedeal Financial Consultants Pvt. Ltd. & another – Respondent
JUDGMENT - REBELLO F.I., J.:---In the course of arbitral proceedings which are pending, an order/decision came to be passed on 29th October, 2002. The petitioners had made an application under section 27 of the Arbitration Conciliation Act, 1996. Under section 27 of the Act of 1996 a party with the approval of the Arbitral Tribunal may apply to the Court for assistance in taking evidence. By application dated 6th June, 2002, petitioner prayed that the Arbitral Tribunal may be pleased to apply to the Court for assistance in taking evidence on documents referred to in para 6(c)(II). Those documents were documents under No. 1 to 8 under the Heading (C)(II). In the alternative the petitioners prayed, that the Tribunal be pleased to grant relief and/or approval to the petitioner herein to make an application to the Court for assistance in taking evidence of the nature mentioned in the prayer earlier referred to. The Arbitral Tribunal heard the parties and thereafter held that the applicant has not brought out any evidence to establish that the documents sought for were necessary to prove the case against the broker. It further held that the documents at best may be necessary to establ
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