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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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