Bombay High Court
RAJESH SHAHversusKOTAK MAHINDRA INVESTMENTS LIMITED
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that it has jurisdiction to issue the witness summons and allowed the petition.
Summary
Petitioner Rajesh Shah filed a commercial arbitration petition seeking a court‑issued witness summons for the Branch Manager of Standard Chartered Bank to produce bank statements before the sole arbitrator. The respondent, Kotak Mahindra Investments Ltd., did not oppose the petition, arguing that the matter is intra‑tribunal and that consent had been given for the production of the statements. The court examined the petition and the tribunal's order attached as Exhibit‑B. Finding that the petitioner’s request was within the court’s jurisdiction to aid the arbitration, the judge allowed the petition and ordered issuance of the witness summons. The court expressly kept the respondent’s rights and contentions open for future arguments.
Issues considered
- Whether a civil court can issue a witness summons to compel production of documents in a commercial arbitration proceeding
- Whether the court has jurisdiction to intervene when the parties claim the matter is intra‑tribunal
Subjects
- commercial arbitration
- witness summons
- court intervention
- interim relief
- jurisdiction
- document production
Judgment
1/2 21 CARBP-1061-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO. 1061 OF 2026
Rajesh Shah … Petitioner
Vs.
Digitally
signed by
Kotak Mahindra Investments Limited … Respondent
SAIRAJ
SAIRAJ SANJAY
SANJAY KARANDE _______
KARANDE Date:
2026.10.01
11:03:24 Mr. Kunal Vaishnav, Adv. Dang i/b Ganesh and Co. for Petitioners.
+0530
Mr. Rohan Sathaye, Mr. Shetty i/b RES Legal for Respondent.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 30th September, 2026.
P.C.
1. The Petitioner by way of captioned Commercial Arbitration Petition has
sought following reliefs :
“(a) That Witness Summons be issued to the Branch
Manager, Ms. Garima Singh or any other deputed
officer having their address at Standard Chartered
Bank, MG Road Branch to appear before the
Learned Sole Arbitrator, Mr. Shilpan S. Gaonkar,
Advocate on 31st August, 2026 at 5.30 pm at
Sanghvi Chambers, Fort or any other date/venue as
may be fixed by this Hon'ble Court and to produce
at such time the document(s) as mentioned in
Exhibit "A" hereto along with the right to examine
her, if necessary,
Sairaj
2/2 21 CARBP-1061-2026.DOC
(b) Ad-interim reliefs in terms of prayer clauses (a)
above be granted;
(c) For costs; and
(d) For such other and further reliefs as this Hon’ble
Court in nature and circumstances of the case,
deems fit and proper.”
2. Mr. Sathaye, learned counsel appearing on behalf of the Respondent does
not oppose the Petition and submits that this is really a matter between the
Petitioner and the Tribunal. He points out that consent to the Respondent was
accorded because what was sought was Bank statements more particularly,
recorded in Para A of operative part of the order which is found at page no. 34.
3. Having heard learned counsel for the parties and having perused the order
passed by the Tribunal, which is appended at Exhibit-B, page 32, I find that the
Petition deserves to be allowed and accordingly, is allowed in terms of prayer
clause (a).
4. Needless to clarify, all rights and contentions of the Respondent are
expressly kept open.
(ARIF S. DOCTOR, J.)
Sairaj
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