Arbitration – Objection to exhibiting documents should be decided then and there instead of postponing.

Objection to the exhibiting the documents ought to be decided then and there only rather than postponing to the final hearing.

In the arbitration proceedings, photocopy of the audit report was marked as Exhibit 50.  Objection was taken. However, the Arbitrator exhibited the document and directed that objections will be heard at the time of final hearing.

This was challenged in the writ petition.

HELD that the order is an interlocutory order and cannot be challenged in writ petition under Article 227 of the Constitution of India.  

However, the High Court requested the Arbitrator to consider the observations and conclusions of the Full Bench in para 75 of the judgment and held that although it is discretion of the Arbitrator to adopt its own procedure and CPC may not be applicable, it is appropriate to avoid serious prejudice being caused to either of the party.

Full Bench in Hemendra Rasiklal Ghia V/s Subodh Mode 2008 (6) Mh LJ held in para 75 of the judgment that –

            “75.    If the objection to the proof of document is not decided and the document is taken on record giving tentative exhibit, then the right of the cross-examiner is seriously prejudiced.  Once the document is used in cross-examination, then the document gets proved and can be read in evidence. ….. If the cross-examiner decides not to cross-examine based on unexhibited document and ultimately, at the fag end of the trial, the document is held to be admissible and proved, then the cross-examiner as a rule of fair play would be entitled to further opportunity to cross-examine based on that document result resulting in delayed trial….”

Judgment dated 30.1.2025 of the High Court of Bombay, Nagpur Bench, in Writ Petition No.6670 of 2023 of Municipal Council, Bhandara  Vs. J.H. Construction Pvt Ltd Nagpur