Abhay Kumari And Others vs Manohar Lal And Others on 6 August, 2009

C.R.No.632 of 2009


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                                  C.R.No.632 of 2009.
                                  Decided on August 06, 2009.


Abhay Kumari and others

                                                       .. Petitioners

                 VERSUS


Manohar Lal and others.

                                                    .. Respondents

                      ***

CORAM:           HON'BLE MR.JUSTICE M.M.S.BEDI


PRESENT          Mr.Rajinder Goyal, Advocate,
                 for the petitioners.

                 Mr.Rakesh Nagpal, Advocate,
                 for respondent Nos.1 to 3.


M.M.S. BEDI, J. (ORAL)

The arbitration award dated 24.01.2006, has not

been permitted to be produced on record under Order 18 Rule17,

read with Section 151 CPC, with the permission to file an additional

affidavit by the petitioner Rashmi Jain while appearing as DW.1.

Counsel for the petitioner has drawn my attention to

the claim of the plaintiffs as well as the plea of defendants-

petitioners. It is an admitted fact that the Award sought to be

produced is neither mentioned in the written statement nor it was put

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C.R.No.632 of 2009

to the witnesses of the plaintiffs in cross-examination.

In view of the said circumstances, an attempt to

produce the documents has rightly been declined by the trial Court.

No ground is made out for interference. The petition

is dismissed. However, this order will not, in any manner, prejudice

the rights of the plaintiffs to independently claim their rights, if any, on

the basis of the award dated 24.01.2006.

(M.M.S.BEDI)
JUDGE
August 06, 2009.

rka

… 2
C.R.No.632 of 2009

(M.M.S.BEDI)
JUDGE
August 03, 2009.

rka

… 3