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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Anshul Arora - Appellant
Versus
Welcome India Visit Private Limited - Respondent
O.M.P. (E) (COMM.) 7 of 2021
Decided On : 14-09-2021
| Table of Content |
|---|
| 1. unrepresented respondent in arbitration. (Para 1 , 2) |
| 2. petition under arbitration act for summons issuance. (Para 3 , 4) |
| 3. order for branch manager's presence. (Para 5 , 6) |
1. Notice has been served on the respondent by e-mail. Ms. Chawla, learned Counsel for the petitioner points out that the respondent remained unrepresented even during the arbitral proceedings.
2. As the issue in controversy is short, I have heard Ms. Chawla for the petitioner.
3. This is a petition under Section 27 of the Arbitration and Conciliation Act, 1996 for issuance of summons to the Branch Manager, Kotak Mahindra Bank Ltd., Branch Office at C-78, Malviya Nagar, New Delhi-110017, to appear as a witness before the Learned Sole Arbitrator in arbitration proceeding bearing no. 1/2021 (Anshul Arora v. Welcome India Visit Private Ltd.) with the original of the bank statement of the petitioner for the period 1st June, 2020 to 5th July, 2020, a copy of which has been filed at page 27 of the documents accompanying this petition. The said copy, as filed with the petition, shall be treated as an annexure to this order.
4. The requisite order of the learned Arbitrator, dated 9th August, 2021, has been filed at page 23 of the documents filed with the petition.
5. Accordingly, the Branch Manager of the Kotak Mahindra Bank Ltd. Branch at C-78, Malviya Nagar, New Delhi-110017 is directed to be present during the hearing, which is taking place virtually before the learned Arbitrator, with the original of the aforesaid document at 11.30 a.m. on 7th October, 2021.
6. The petition stands allowed in the aforesaid terms.
Arbitration proceedings allow for issuance of summons to witnesses to facilitate evidence presentation, ensuring fair adjudication.
The court may grant requests for witness testimony in arbitral proceedings when unopposed by other parties, ensuring the availability of relevant evidence.
The court upheld the authority of the Arbitral Tribunal to permit a party's request for assistance in summoning witnesses under the Arbitration and Conciliation Act, 1996.
The court confirmed the obligation of a Resolution Professional under insolvency proceedings to participate in arbitration and present relevant records as mandated by Section 27 of the Arbitration an....
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.
The court permitted a petition to be treated as an application under Section 17 of the Arbitration and Conciliation Act, 1996, to be decided by the arbitrator.
In the absence of opposition, a court may appoint an arbitrator based on deemed service through electronic means for resolving contractual disputes.
The arbitrator has the discretion to determine procedural matters, including the necessity for oral evidence, and courts should only interfere in exceptional circumstances.
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