Application under Section 27 of the Arbitration Act, 1996 filed to summon Assistant Engineer as a witness. Court issued dasti summons for witness attendance on fixed date with records.
Dasti summons issued to Assistant Engineer to appear along with records on 30th August, 2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
| Arb. Case No. 67 of 2017 Decided on: 28.08.2017 |
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| ___________________________________ M/s Durable Conductors Versus HPSEB Ltd |
__________________________________ …..Applicant ……Respondent |
| __________________________________ Coram |
________________________________ |
| The Hon'ble Mr. Justice Chander Bh 1 Whether approved for reporting? |
usan Barowalia, Judge. No. |
| __________________________________ For the applicant : |
________________________________ Mr. P.S. Goverdhan, Advocate. |
| For the respondent: | Mr. Vivek Sharma, Advocate. |
| Chander Bhusan Barowalia, Judge | (oral) |
The present application, under Section 27 of the Arbitration Act, 1996, is maintained by the applicant for summoning the Assistant Engineer, Sh. Ashok Kumar, mentioned at serial No. (ii) of list of witnesses. As per the applicant, on 10.04.2015, a coordinate Bench of this Court has allowed the application of the applicant and permitted to serve the witnesses, mentioned at Sr. No. 2 and 3 of list of witnesses, dated 03.03.2015. However, on official witness, mentioned at serial No. (ii) of the said list of witnesses could not be examined for want of original letters/correspondence, which were required to be proved from the official record supposed to be brought by the said witness. This witness has also appeared before the learned Arbitrator on 15.12.2016, however due to dearth of time
1 Whether reporters of Local Papers may be allowed to see the judgment?
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his statement could not be recorded. Thereafter the matter was listed on 15.06.2017 and on that day, again for want of complete record, the statement of the witness could not be recorded. Hence, the matter was adjourned for 18.07.2017 for recording the statement of the Assistant Engineer, but on the said date, the said witness did not appear before the learned Arbitrator. The Assistant Engineer, who is a witness of record, is a necessary witness and is essential for complete and effective adjudication of the matter, so his statement is required to be recorded before the learned Arbitrator. The application is duly supported with an affidavit. No reply to the application has been filed nor intended to be filed. Learned counsel for the respondent states that he has no objection if the present application is allowed.
(Chander Bhusan Barowalia) Judge
28th August, 2017 (raman)
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1 issue framed by the court
Whether to summon the Assistant Engineer as a witness in arbitration proceedings.
1 provisions across 1 enactments
M/s Durable Conductors
HPSEB Ltd
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
