Supreme Court of India · 1977-10-07
UNION OF INDIA vs ORIENT ENGG. & COMMERCIAL CO. LTD. & ANR.
- Citation / case number
- SC 1977/61689
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- ORIENT ENGG. & COMMERCIAL CO. LTD. & ANR.
- Author
- V.R. KRISHNAIYER
- Bench
- V.R. KRISHNAIYER
Judgment text excerpt
The Supreme Court held that the summoning of an arbitrator as a witness is not automatic and requires a demonstration of sufficient cause under Order XVI Rule 3, C.P.C. The Court emphasized that the process should be used sparingly and only if prima facie grounds are established for the arbitrator's testimony. It was determined that the High Court had erred in summoning the arbitrator without proper justification, thus allowing the appeal and leaving the option for a fresh application to summon the arbitrator if warranted.