Supreme Court - Daily Orders
Pam Developments Pvt Ltd vs The State Of West Bengal on 28 September, 2018
Bench: Rohinton Fali Nariman, Indu Malhotra
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ITEM NO.55 + 59 COURT NO.8 SECTION XVI
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). 22289/2018
(Arising out of impugned final judgment and order dated 04-08-2018
in MC No. 45/2018 passed by the District Judge, Purba Medinipur,
West Bengal in J. Misc. Case No. 45 of 2018)
PAM DEVELOPMENTS PVT LTD. Petitioner(s)
VERSUS
THE STATE OF WEST BENGAL & ANR. Respondent(s)
WITH
SLP(C) No. 24608/2018 (XVI)
(FOR ADMISSION and I.R.)
WITH
SLP(C) No. 25765/2018 (XVI)
(FOR ADMISSION and I.R.)
Date : 28-09-2018 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MS. JUSTICE INDU MALHOTRA
For Petitioner(s) Mr. Saurav Agarwal, Adv.
Mr. Priyankar Saha, Adv.
Mr. Sarad Kumar Singhania, AOR
For Respondent(s) Mr. Anand Grover, Sr.Adv.
Mr. Suhaan Mukerji, Adv.
Ms. Astha Sharma, Adv.
Mr. Abhishek Manchanda, Adv.
Mr. Amit Verma, Adv.
Ms. Kajal Dalal, Adv.
M/s. Plr Chambers And Co., AOR
Mr. Ajit Kumar Sinha, Sr.Adv.
Mr. Amit Sharma, Adv.
Signature Not Verified
Ms. Sushma Verma, Adv.
Mr. Raj Bahadur Yadav, Adv.
Digitally signed by R
NATARAJAN
Date: 2018.10.01
17:07:02 IST
Reason: Mrs. Anil Katiyar, AOR
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UPON hearing the counsel the Court made the following
O R D E R
SLP (C) No. 22289/2018
The interim order dated 04.08.2018 states that unless a complete stay is granted, the application filed under Section 34 of the Arbitration and Conciliation Act, 1996 will itself be frustrated. Therefore, stay was granted till 01.09.2018, when the Section 34 petition was supposed to be heard.
The order is completely wrong in principle. It is clear that the Section 36 application is to be disposed of before Section 34 application.
We, thus, set aside the interim order and relegate the parties to the stage of the Section 36 application. It will be open for both the parties to take all points, including the point alleged before us by Mr. Anand Grover, learned senior counsel appearing on behalf of the State of West Bengal, as to the applicability of Order XXVII Rule 8A of the Code of Civil Procedure, 1908. De-tag:
SLP (C) No. 24608/2018 and SLP (C) No. 25765/2018.
(MANAV SHARMA) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER