APPLICATION FOR COURT ASSISTANCE IN TAKING EVIDENCE[CD1]
In
the High Court at Calcutta Ordinary Original Civil Jurisdiction
In the matter
of:
The
Arbitration and Conciliation Act 1996
And
In the matter
of:
An
application under section 27
of the said
Act
And
In the matter
of:
Global
Distributors Private Ltd., a company registered under the Companies Act 1956
and carrying on business at 32 India Exchange Place, Calcutta 700 001 within
the said jurisdiction
Petitioner
versus
Eastern Law
House Private
Ltd., a
company registered under the Companies Act 1956 and carrying on business at 54
G.C. Avenue,
Calcutta 700
013 within the said jurisdiction
Mr. S.N.
Chawla, Advocate of 5 Old Post Office Street, Calcutta 700 001
Respondent
To
The Hon'ble
Mr. ..................
Chief Justice
and His
Companion
Justices of
the said
Hon'ble Court
The humble
petition of Global Distributors Private Ltd., the petitioner above-named most
respectfully
SHEWETH:
1. Your petitioner is carrying on
business as distributor of and dealer in books, journals and allied
publications.
2. The first respondent is the publisher
of, inter alia, of a book on Computers.
3. By an agreement dated 15th September
1998, it was agreed by and between the parties that the respondent would
deliver to the petitioner 50,000 copies of each edition or reprint of the said
book for distribution and sale on a commission of 25% of the published price of
the book.
4. The said agreement also contains an
arbitration clause. Pursuant to the said arbitration agreement on failure of
the parties to appoint an Arbitrator an application was made to this Hon'ble
Court under section 11(6) of the Arbitration & Conciliation Act 1996. On
such application respondent No. 2 has been appointed as the Sole Arbitrator.
Respondent No. 2 has duly entered into reference and has been proceeding with
the arbitration matter.
5. During the arbitration proceedings it
appeared that the evidence of the printer, the book printing company of 6A,
S.N. Banerjee Road, Calcutta 700 013 will be necessary. It further transpired
that the evidence of the proof reader who gave the print order is also
necessary.
6. The person who gave the print order,
namely, Mr. Ajoy Gupta is unable to move freely about in view of injury to his
legs. In view of this, a Commission is necessary to examine Mr. Ajoy Gupta at
his residence.
7. By reasons of the aforesaid your
petitioner states that a Summons be issued on the printer Mr. P. Goenka of 6A,
S.N. Banerjee Road, Calcutta 700 013 to appear before the respondent No. 2 and
give evidence in the proceedings before him.
8. Your petitioner states that a
commission be issued for examining Mr. Ajoy Gupta at his residence as regards
the subject-matter of the said arbitration.
9. This application is being made with
the consent of respondent No. 2.
10.Your petitioner states that the Orders
prayed for herein be made for quicker and expeditious adjudication and disposal
of the matter before respondent No. 2.
11.Unless Orders are made as prayed for
your petitioner will suffer prejudice.
12.This application is made bona fide and
in the interest of justice.
Your
petitioner therefore humbly prays Your Lordships for the following orders:
a. Summons and processes be issued by
this Hon'ble Court commanding Mr. P. Goenka to appear before respondent No. 2
to give evidence with reference to the subject-matter of the arbitration
proceedings pending before him;
b. Commissioner be appointed to take
evidence of Mr. Ajoy Gupta at his residence with liberty to the parties to
examine and cross-examine the said Mr. Ajoy Gupta with direction to the
Commissioner to submit his report direct to the respondent No. 2;
c. Costs of the witness and the
commission be paid by the parties in equal proportion;
d. Further Orders be made and directions
be given as to this Hon'ble Court may deem fit and proper.
And
your petitioner as in duty bound shall ever pray.
Signature of the Advocate Signature
for the Petitioner
Verification
I,
……………son of…………….. aged about years, by
occupation service working for
gain
at 32 India Exchange Place, Calcutta 700 001 do hereby solemnly affirm and say
as follows:
1. I am the Manager of Global
Distributors Private Ltd., and its Principal Officer and Constituted Attorney.
I know and I have made myself acquainted with the facts and circumstances of
this case and I am able to depose thereto. I am authorised and competent to
verify and I do verify this aforesaid petition on behalf of Global Distributors
Private Ltd.
2. The statements in paragraphs 1 to 12
hereinabove are true to my knowledge based on information derived from the
records maintained by the petitioner Global Distributors Private Ltd. and
believed by me to be true.
Solemnly
affirmed by the said Mr……………pursuant to a Board Resolution dated of
Global
Distributors Private Ltd. in the Court House at Calcutta on the 5th day of
December 2005.
Before
me Commissioner
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