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(2022) Law Today Live Doc. Id. 16710 = 2022(1) L.A.R. 381
Decided on: 22.04.2022
For Petitioner(s):
Mr. Neeraj Kishan Kaul, Sr. Adv. Mr. Nakul Dewan, Sr. Adv. Mr. Aman Raj Gandhi, AOR Mr. Vardaan Bajaj, Adv. Ms. Ira Mahajan, Adv. Ms. Aarzoo Aneje, Adv. Mr. Ram Chandra Madan, Adv. Ms. Nooran Sarna, Adv. Ms. Neelu Mohan, Adv.
For Respondent(s):
Mr. Ashish Dholakia, Sr. Adv. Ms. Aishwarya Singh, Adv. Mr. Akash Panwar, Adv. Mr. Rohan Chawla, Adv. Mr. Shashwat Sarin, Adv. Mr. Sandeep Devashish Das, AOR
Arbitration and Conciliation Act, 1996 (26 of 1996), Section 11 -- Arbitration clause – Impounding of document/ Loan agreement – Power of Arbitrator -- Unless and until the same is produced on record before any Court/Tribunal, there is no question of any impounding the same -- Arbitrator may take call on the impounding of document provided it is produced by the original claimant.
(Para 3)
ORDER
1. We have heard Shri Neeraj Kishan Kaul, learned Senior Advocate appearing for the petitioners and Shri Ashish Dholakia, learned Senior Advocate for the respondents.
2. Considering the fact that even the loan agreement which contains the arbitration clause which was sought to be impounded is not produced before any Tribunal and/or Court and till then, there is no question of impounding any document, the High Court is justified in passing the impugned order.
3. Shri Kaul, learned Senior Advocate has submitted that the original applicant(s) is not placing on record the original loan agreement containing the arbitration clause. If the original claimant who has initiated the arbitration proceedings relying upon the arbitration clause contained in the loan agreement is not producing the same, it is ultimately for the learned Arbitrator to pass an appropriate order and to take into consideration such a conduct. So far as the impounding of the document is concerned unless and until the same is produced on record before any Court/Tribunal, there is no question of any impounding the same, as observed hereinabove.
4. The Arbitrator may take call on the impounding of document provided it is produced by the original claimant.
5. With this observation, the present Special Leave Petition stands dismissed.
6. Pending application(s), if any, shall stand disposed of.
Petition dismissed.
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