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october 1977

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.

UNION OF INDIA vs ORIENT ENGG. & COMMERCIAL CO. LTD. & ANR. · Niyam