Supreme Court - Daily Orders
Wipro Enterprises Private Limited ... vs Bharat Petroleum Corporation Limited on 9 April, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2025
(@ SLP (C) No. 26248 OF 2024)
WIPRO ENTERPRISES PRIVATE LIMITED (WIPRO WATER) Appellant(s)
VERSUS
BHARAT PETROLEUM CORPORATION LIMITED & ANR. Respondent(s)
O R D E R
1. Leave granted.
2. This appeal by way of special leave is against the order passed by the High Court on 22.07.2024, whereby the High Court dismissed the application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, "the Act") seeking appointment of an arbitrator on the ground that it is barred by limitation.
3. Heard Ms. Anusha Nagarajan, learned counsel appearing for the appellant and Mr. Dhruv Mehta, learned senior counsel appearing for the respondents.
4. Learned counsel for the appellant brought to our notice that the present matter is covered by the decision of this Court in Aslam Ismail Khan Deshmukh vs. ASAP Fluids Private Limited and Another reported in (2025) 1 SCC 502.
Signature Not VerifiedDigitally signed by KAPIL TANDON
5. In view of the judgments of this Court in Aslam Ismail Khan Date: 2025.04.15 18:05:09 IST Reason: (supra), SBI General Insurance Co. Ltd. v. Krish Spinning reported in (2024) 12 SCC 1 and Arif Azim Co. Ltd. v. Aptech Ltd. reported in (2024) 5 SCC 313, with the consent of both the parties we deem it appropriate to refer the matter to institutional arbitration through the Delhi International Arbitration Centre (DIAC). The copy of our order shall be sent to DIAC. For convenience, we are also recording the names and numbers of the learned Counsel:
Counsel for the appellant: Ms. Anusha Nagarajan Mob. No. 9654116464 Counsel for the respondent: Mr. Parijat Sinha Mob. No. 9999699555.
6. All the questions of law and fact, including the issue of limitation kept for the arbitral tribunal to consider.
7. With these directions, the appeal stands disposed of.
8. Pending application(s), if any, shall stand disposed of.
…………………………………………………………………………J. [PAMIDIGHANTAM SRI NARASIMHA] …………………………………………………………………………J. [JOYMALYA BAGCHI] NEW DELHI;
APRIL 09, 2025
ITEM NO.54 COURT NO.8 SECTION IV-C
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) No(s). 26248/2024
[Arising out of impugned final judgment and order dated 22-07-2024 in ARBC No. 123/2022 passed by the High Court of Madhya Pradesh Principal Seat at Jabalpur] WIPRO ENTERPRISES PRIVATE LIMITED (WIPRO WATER) Petitioner(s) VERSUS BHARAT PETROLEUM CORPORATION LIMITED & ANR. Respondent(s) IA No. 252815/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 252818/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 09-04-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE JOYMALYA BAGCHI For Petitioner(s) :Ms. Anusha Nagarajan, Adv.
Ms. Mandakini Ghosh, AOR Mr. Rahul Ranjan, Adv.
For Respondent(s) :Mr. Dhruv Mehta, Sr. Adv.
Mr. Parijat Sinha, AOR Mr. Divyam Dhyani, Adv.
Ms. Reshmi Rea Sinha, Adv.
Mr. Alok Bhatt, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. Leave granted.
2. The Civil Appeal is disposed of in terms of the Signed Order.
3. Pending application(s), if any, shall stand disposed of.
(KAPIL TANDON) (NIDHI WASON) COURT MASTER (SH) COURT MASTER (NSH)
(Signed Order is placed on the file)