An arbitrator may require witnesses for hearings, and courts can facilitate this under Section 27 of the Arbitration and Conciliation Act when the arbitrator deems such testimony relevant.

ORDER (Oral)

1. This petition has been preferred under Section 27 (1) of the Arbitration and Conciliation Act, 1996, for issuance of summons to two witnesses, from the office of the Central Warehousing Corporation (CWC), Sonepat, Haryana and the Central Warehousing Corporation (CWC), Rana Pratap Bagh, Delhi-110033, as witnesses on behalf of the petitioner (who is the respondent in arbitral proceedings pending before the learned arbitrator).

2. It is not necessary to go into the details of the dispute between the parties, as the learned arbitrator has, in her order dated 6th October, 2020, found the evidence of the said witnesses to be relevant to the petitioner's defence. Para 3 of the said order reads thus:

"3. Arguments heard on respondent's application for approval of this Tribunal for summoning the witnesses by taking assistance of the court. The Tribunal finds that the witnesses sought to be summoned are relevant to the respondent's defence. The application is accordingly allowed. As requested, the respondent is given two weeks' time to move the High Court under section 27 of the Arbitration and Conciliation Act, 1996 for summoning the witnesses mentioned in the application."

(Emphasis supplied)

3. Apparently, the learned arbitrator was of the opinion that she did not have the authority to summon witnesses of the CWC, as witnesses to depose before her. Accordingly, in accordance with the liberty granted by the learned arbitrator in the afore-extracted para 3 of her order, dated 6th October, 2020, the petitioner has moved the present petition.

4. I may note that, earlier, OMP (E) (COMM) 8/2020 was moved by the petitioner, but as the said petition did not disclose the names or designation of the officers to be summoned, or the documents to be produced by them, this Court had dismissed the said petition with liberty to the petitioner to approach this Court afresh with the requisite details.

5. The present petition has been filed in accordance with the liberty so granted.

6. Para 16 of the present petition provides the details of the witnesses to be summoned (though their names or exact office details are not forthcoming, as learned counsel for the petitioner submits that his client would be unaware of the exact identity or designation of the concerned officers). Para 16 of the present petition reads thus:

"16. That the Petitioner wants to summon the following witnesses from the office of Central Warehousing Corporation at Sonepat, Haryana and Central Warehousing Corporation, Rana Pratap Bagh, Delhi-110033 with the following documents:

a). Officer/clerk concerned from Central Warehousing Corporation, Sonepat, Haryana with regard to the record/documents pertaining to the following warehousing receipts, reflecting as to in whose name they were issued, what goods and their quantity that were deposited against the said receipts and who and in what manner and in under whose authorization removed the said goods deposited vide the following warehouse receipts:

b). Officer/clerk concerned from Central Warehousing Corporation, Rana Pratap Bagh, Delhi-110033 with regard to the record/documents pertaining to the following warehousing receipts, reflecting as to in whose name they were issued, what goods and their quantity that7 were deposited against the said receipts and who and in what manner and in under whose authorization removed the said goods deposited vide the following warehouse receipts: