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CS Professional · Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

Before a three-member tribunal, Ashoka Pharma Ltd needs a former employee of Deccan Labs, who refuses to appear voluntarily, to testify. Ashoka wants to approach the Court under section 27. Which statement is correct?

The tribunal itself, or a party with the tribunal's approval, may apply to the Court for assistance in taking evidence. Ashoka therefore cannot go straight to the Court; it must first obtain the tribunal's approval, and no consent from both parties is needed.

  1. AAshoka may apply directly to the Court without any approval of the tribunal
  2. BOnly the Court, on its own motion, may seek evidence for the tribunal
  3. CThe tribunal, or a party with the tribunal's approval, may apply to the Court for assistance in taking evidenceCorrect
  4. DCourt assistance is available only if both parties consent in writing

Explanation

Section 27(1) allows the tribunal, or a party with the approval of the tribunal, to apply to the Court for assistance in taking evidence. A direct application by a party without approval is not permitted, and the section does not require consent of both parties.

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