Sunil Mehdiratta Vs S.P. Advisors Pvt. Ltd. — Writ and Judicial Review | Delhi HC (2025)

Sunil Mehdiratta Vs S.P. Advisors Pvt. Ltd. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Impugned order dated 30.09.2024 of the learned Arbitrator set aside subject to cost of Rs.20,000/-; petitioner granted one final opportunity to produce the entire original documents and tender himself for cross-examination, with no adjournment to be sought; Arbitrator to fix a date accordingly; petition disposed of in terms of the order

Issue for consideration

Whether the order dated 30.09.2024 of the learned Arbitrator closing the petitioner's (RW-1) right of cross-examination and listing the matters for final arguments ought to be set aside, the petitioner pleading his medical condition and the respondent's lack of objection to deferral of cross-examination

Court's answer

The petition under Article 227 is allowed and the Arbitrator's order dated 30.09.2024 closing the petitioner's cross-examination is set aside, subject to cost of Rs.20,000/-

Ratio / Principle

The petitioner is granted only one opportunity to produce the entire original documents and to tender himself for cross-examination

Key takeaways

The petitioner shall not seek any adjournment on any ground for the said purpose, and the Arbitrator shall fix a date accordinglyratio¶19
Despite the petitioner's conduct before the Arbitrator not being above board, the lis between the parties should be decided on merits rather than on technicalitiesratio¶18

Detailed headnote1 paragraphs

Arbitration — Article 227, Constitution of India — challenge to Arbitrator's order dated 30.09.2024 closing the right of the petitioner (RW-1) to be cross-examined and listing the matter for final arguments — petitioner pleaded medical condition and respondent's lack of objection to deferral; respondent alleged adjournments and non-production of original documents — Held: although the petitioner's conduct was not above board, the lis should be decided on merits rather than technicalities; petition allowed, impugned order set aside subject to cost of Rs.20,000/-; petitioner granted only one opportunity to produce the entire original documents and tender himself for cross-examination, with no adjournment to be sought on any ground; Arbitrator to fix a date accordingly.

$~65

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M) 3928/2024

SUNIL MEHDIRATTA .....Petitioner

Through: Mr. Sanjay Jain & Ms. Ankita Kedia, Advs

versus

S.P. ADVISORS PVT. LTD. .....Respondent Through: Ms. Shivambika Sinha & Ms. Nimita Kaul, Advs

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R % 16.01.2025

CM(M) 3928/2024 & CM APPL. 69305/2024 (Stay) CM APPL. 70549/2024 (to place on record conduct of the Ld. Sole Arbitrator)

This is petition under Article 227 of the Constitution of India seeking to set aside the impugned order dated 30.09.2024 passed by the learned Arbitrator which closed the right of the petitioner (RW-1), to be cross examined and listed the matters for final arguments.

Learned counsel for the petitioner submits that the impugned order is erroneous and as it disregards the petitioner’s medical condition and respondent’s lack of objection for deferring the cross-examination.

The petition has been opposed by learned counsel for the respondent submitting that petitioner did not follow the timelines set by the Arbitrator for recording of his evidence so much so he did not even produce the

This is a digitally signed order. 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 24/01/2025 at 15:08:10

original documents upon which he had placed reliance, which resulted in frequent adjournments from time to time.

It is further submitted that petitioner took adjournments in the garb of being unwell, even though he was travelling to USA in connection with engagement of his daughter.

Learned counsel states that he needs only one opportunity to produce the documents and to tender himself for the purpose of cross-examination.

Even though the record reveals that the conduct of the petitioner was not above board, the Court feels that lis between the parties should be decided on merits rather than on technicalities.

Considering the overall facts and circumstances and in best interest of justice, the present petition is allowed and the impugned order dated 30.09.2024 is set aside subject to cost of Rs.20,000/- with direction that petitioner shall get only one opportunity to produce the entire original documents and tender himself for cross-examination. It is made clear that petitioner shall not seek any adjournment on account of any reason whatsoever for the said purpose. The Arbitrator shall fix a date accordingly for the said purpose.

The petition is disposed of in terms of the aforesaid order.

RAVINDER DUDEJA, J

JANUARY 16, 2025 sk

This is a digitally signed order. 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 24/01/2025 at 15:08:10