M/s.Shree Ram Urban Infrastructure Ltd v. 1 Kalpataru Properties Pvt.Ltd & Anr.

Mr. P.A. Sawant with Ms.Komal Joshi i/b. Khaitan & Jaykar for the petitioner. Mr. M.S.Doctor with Mr.Goutam Ankhad i/b.Federal & Rashmikant for respondent no.1. Mr. V.C.Murlidharan i/b. Joy Legal Consultus for respondent no.2. CORAM: ANOOP V. MOHTA, J. DATE : 10th July, 2009 P.C.: 1 This petition is moved under Section 27 of the Arbitration & Conciliation Act, 1996 (for short, the Act) as respondent no.1 (petitioner herein) had applied for production of certain documents to the Orient Bank of Commerce (the Bank). Those documents are relevant as per the petitioner. Even the Hon’ble Arbitral Tribunal by an order dated 5.5.2009 granted leave to the petitioner to apply to the court for the same. Those documents are necessary and relevant for the adjudication of the dispute between the parties. 2 The Bank, by letter dated 29.04.2009 has recorded as under : “As per Section 27 of Arbitration & Conciliation Act, 1996. Bank being third party to the arbitration is not bound to produce 2 any document unless there is direction of Court.” 3 Considering the scope and purpose of Section 27 of the Act, and to give fair opportunity to both the parties and as there is no serious objection to this application by the parties, I am allowing this petition in terms of prayer (a) subject to claim of privilege, if any. As it is only for the production of documents, it may be sent, through their authorised Officer or representative on 20.11.2009 or on the date directed by the Hon’ble Arbitral Tribunal. 4 The petition is accordingly allowed in the above terms. No costs.

(ANOOP V. MOHTA, J.)