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Supreme Court - Daily Orders

Pristine Logistics & Infra Projects ... vs Eta Engineering Pvt. Ltd. . on 16 February, 2015

Bench: Dipak Misra, Prafulla C. Pant

  SLP CC 2422/15
                                                         1

  ITEM NO.22                                   COURT NO.6                       SECTION XIV

                                     S U P R E M E C O U R T O F          I N D I A
                                             RECORD OF PROCEEDINGS

  Petition(s) for Special Leave to Appeal (C)......CC 2422/2015

  (Arising out of impugned final judgment and order dated 12/09/2014
  in ABP No. 355/2013,12/09/2014 in IA No. 16357/2014 passed by the
  High Court of Delhi at New Delhi)


  PRISTINE LOGISTICS & INFRA PROJECTS                                            Petitioner(s)
  PVT. LTD. & ANR.

                                                        VERSUS

  ETA ENGINEERING PVT. LTD. & ORS.                                               Respondent(s)

  (With appln. (s) for c/delay in filing SLP)


  Date : 16/02/2015 This petition was called on for hearing today.

  CORAM :
                                     HON'BLE MR. JUSTICE DIPAK MISRA
                                     HON'BLE MR. JUSTICE PRAFULLA C. PANT


  For Petitioner(s)                      Mr. Jayant Bhushan, Sr. Adv.
                                         Mr. Ravikesh K. Sinha, Adv.
                                         Mr. Abhijat P. Medh, AOR

  For Respondent(s)


                               UPON hearing the counsel the Court made the following
                                                  O R D E R

Mr. Jayant Bhushan, learned senior counsel appearing for the petitioner submits that he may be permitted to Signature Not Verified withdraw the special leave petition to file an application Digitally signed by Chetan Kumar Date: 2015.02.16 17:30:28 IST Reason: under Section 11(6) of the Arbitration and Conciliation Act, 1996, relating to the agreement existing between the SLP CC 2422/15 2 petitioner and ETA Engineering Pvt. Ltd. and others. If such an application is filed before the competent court, the same shall be dealt with in accordance with law, without being influenced by the order dated 12th September, 2014, whereby the application for clarification has been rejected. Be it noted, we have been compelled to say so as we are of the convinced opinion that the learned Single Judge, designated by the learned Chief Justice, could not have clarified the order. But that would not be an obstruction or obstacle to pass an order, if other circumstances are satisfied, an arbitrator in respect of another contract.

With the aforesaid observation, the special leave petition stands disposed of.

                 (Chetan Kumar)                         (H.S. Parasher)
                  Court Master                            Court Master