Disposed

Harshit Dhawan v. Sagar Dhawan & Anr.

Delhi HC14 Feb 2024O.M.P. (E) (COMM.)/19/2023

Case brief

AI extract

What is this about?

Petition under Section 27 of the Arbitration and Conciliation Act sought direction to respondent No. 2 to produce books of accounts of respondent No. 1's firm before the Arbitrator, as emailed attachments were inaccessible.

What did the court decide?

Directions issued: respondent No. 2 to file affidavit enclosing physical copies of documents in possession; Arbitrator may direct further production.

Harshit Dhawan Vs Sagar Dhawan & Anr. — Arbitration | Delhi HC (2024)

¶1

$~17

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- O.M.P. (E) (COMM.) 19/2023

¶4

HARSHIT DHAWAN ..... Petitioner Through: Mr. Rajat Arora, Ms. Mariya Shahab & Ms. Nibin Louis, Advocates.

¶5

versus

¶6

SAGAR DHAWAN & ANR. ..... Respondent Through: Mr. Puneet Sharma, Advocate for R-1. [M:-9711298944] Mr. Manish Shersia, Advocate for R-2.

¶7

CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

¶8

O R D E R

¶9

% 14.02.2024

¶10

The petitioner has filed this petition under Section 27 of the Arbitration and Conciliation Act, 1996 [“the Act”], for a direction upon respondent No. 2 to produce certain books of accounts of respondent No. 1’s firm, before the learned Arbitrator.

¶11

Ms. Mariya Shahab, learned counsel for the petitioner, states that the list of documents required are enumerated in paragraph 8 of the petition, which is reproduced as under:-

¶12

“ a) Cash book of financial year 2014-15, 2015-16, 2016-17, 201718, 2018-19 and 2019-20.

¶13

b) Day book of financial year 2014-15, 2015-16, 2016-17, 201718, 2018-19 and 2019-20.

¶14

Page 1 of 3

¶15

O.M.P. (E) (COMM.) 19/2023

¶16

This is a digitally signed order.

¶17

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:08:16

¶18

c) Challan book of financial year 2014-15, 2015-16, 2016-17, 2017-18, 2018-19 and 2019-20.

¶19

d) Bill book of financial year 2014-15, 2015-16, 2016-17, 201718, 2018-19 and 2019-20.

¶20

e) Purchase book of Calendar year 2014, 2015, 2016, 2017, 2018, 2019 and 2020.

¶21

f) Sales Book of Calendar year 2014, 2015, 2016, 2017, 2018, 2019 and 2020.

¶22

g) Ledgers of Respondent no.2 firm from 05.07.2014 till 31.08.2019;

¶23

h) All Ledger accounts of sole proprietorship firm named same as Respondent no. 2 firm.

¶24

i) All Ledger accounts of “Dhawan Empire” j) Vouchers of Respondent no. 2 firm from 05.07.2014 till 31.08.2019; k) Balance Sheet of Respondent No. 2 firm from 05.07.2014 till 31.08.2019.”

¶25

Mr. Manish Shersia, learned counsel for respondent No. 2, who is stated to have been an external accountant of the respondent No. 1’s firm (although not the Chartered Accountant, as seems to have been assumed by the learned Arbitrator), states that he has already provided electronic copies of such documents as were in his possession.

¶26

Ms. Shahab however submits that the attachment to the email sent by respondent No. 2, are neither accessible to the petitioner nor to the learned Arbitrator.

¶27

Mr. Shersia states that he will file physical copies of the document before the learned Arbitrator.

¶28

In view of the above, and with the consent of learned counsel for the parties, the petition is disposed of with the following directions:-

¶29

a. The respondent No. 2 will file an affidavit before the learned Arbitrator, enclosing physical copies of the documents mentioned in paragraph 8(a) to 8(k) of the petition which are in his possession.

¶30

Page 2 of 3

¶31

O.M.P. (E) (COMM.) 19/2023

¶32

This is a digitally signed order.

¶33

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:08:16

¶34

b. To the extent that the documents are not in his possession, respondent No. 2 will state so in his affidavit.

¶35

c. After receipt of these documents, if further documents are required from respondent No. 1, the learned Arbitrator may give necessary directions for the same and take such further action in accordance with law, as available under the Act.

¶36

The petition stands disposed of with these directions.

¶37

PRATEEK JALAN, J

¶38

FEBRUARY 14, 2024 ‘pv’/

¶39

Page 3 of 3

¶40

O.M.P. (E) (COMM.) 19/2023

¶41

This is a digitally signed order.

¶42

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:08:16

Harshit Dhawan v. Sagar Dhawan & Anr.

Case brief

What is this about?

What did the court decide?

Harshit Dhawan v. Sagar Dhawan & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kiran Shoes Manufacturers Vs Pawan Agarwal

M/S Mbl Infrastructures Ltd. Vs M/S Rpg Infratech

Dsc Limited Vs Union of India (Dgmap)

Dharambir Sandhu Vs Union of India through General Manager, Northern Railways and Anr.

Versatile Commotrade Pvt. Ltd. Vs Satbir Singh

Afcons Infrastructure Limited Vs Delhi Metro Rail Corporation Ltd.