ANISH GUPTA vs GIRIVAR GLOBAL SOLUTIONS AND SERVICES LLP & ORS.

Judgment text excerpt

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 01st May, 2025 + CM(M) 801/2025, CM APPL. 26204/2025 & CM APPL. 26205/2025 ANISH GUPTA .....Petitioner Through: Mr. Jairaj Singh, Advocate. versus GIRIVAR GLOBAL SOLUTIONS AND SERVICES LLP & ORS. .....Respondent Through: Mr. Deepak Chopra, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Heard. 2. Learned counsel for the petitioner (respondent No.1 before the learned Arbitral Tribunal) submits that even, commonsensically, the person, who enters into the witness box or tenders affidavit for the purposes of examination-in-chief, should be offered for cross-examine. He submits that the cross-examination, thus, should be of the same person, and of none other. 3. He submits that earlier the affidavit of examination-in-chief had been submitted by one Ms. Shikha Gupta and for the purposes of cross-examination, the claimant produced her attorney Mr. Satish Gupta and the respondents were asked to cross-examine such person. 4. However, when objection in this regard was raised, such objection was discarded by the learned Arbitral Tribunal vide order dated 10.12.2024 and the petitioners were, rather, impressed upon to cross-examine said Mr. Satish Signature Not Verified Digitally Signed CM(M) 801/2025 1 By:SONIA THAPLIYAL Signing Date:03.05.2025 14:27:26 Gupta only. 5. Fact, however, remains that when the matter was taken up by the learned Sole Arbitrator on 30.01.2025, the above order, which was not proper, seems to have been reviewed suo moto and now the learned Sole Arbitral Tribunal has ordered as under:- “6. On perusal of the record, it is evident that filing of the Affidavit of Ms. Shikha Gupta and being tendered by Mr. Salish Gupta is prima facie a mistake on account of the co