1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.111 OF 2009 Tokheim Group SAS, France. ..... Petitioners V/s. Prakash Kamat & Anr. .... Respondent Mr.T.N.Subramaniyam a/w Kumkum Sen and Mehul Shah i/by ANS Law Associates, for the petitioner. CORAM: R.Y.GANOO, J. DATED: 12th FEBRUARY, 2009. P.C. 1. None for the respondents, though served. Issues came to be framed before the learned Arbitral Tribunal on 28-01-2009 and by the same order dated 28-01-2009, the learned Arbitral Tribunal directed the claimant/petitioner to make an application before this Court for examining Mr.Prashant Kamat. It is in these circumstances, this application has been filed by the petitioner by using the provisions of Section 27 of the Arbitration and Conciliation Act, 1996. Though, the respondents were served, they have chosen to remain absent. 2. My attention was drawn to issue No.1 & 2 which relate to sale of shares by Mr.Prashant Kamat. The petitioner wants to examine 2 Mr.Prashant Kamat to discharge the burden cast on the petitioner in terms of issue Nos.1 & 2 taken together and for that, the Court is required to pass an order in terms of Section 27 of the Act. After having considering the point in question and the issues framed as well as the order of the learned Arbitral Tribunal, I am inclined to observe that a reasonable opportunity is required to be given to the petitioner to examine Mr.Prashant Kamat, as the petitioner wants to examine him as stated in the application. In my view, relief in terms of the petition is required to be granted. Accordingly, the petition is made absolute in terms of prayer clause (a). The Court is informed that the next date before the learned Arbitral Tribunal is fixed as 07-03-2009. Office to issue summons addressed to Mr.Prashant Kamat and that the said summons is made returnable on 07-03-2009. The said summons to mention the venue of the Arbitration and the date and time of the Arbitration. The petitioner's Attorneys shall inform the office of the Prothonotary and Senior Master, the venue of the Arbitration and the date and time when Mr.Prashant Kamat, will have to remain present for giving evidence. The application stands disposed of in above terms with no order as to costs. ( R.Y.GANOO, J. )