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Supreme Court - Daily Orders

Amit Kumar Agarwal vs Atul Gupta . on 27 July, 2015

Bench: A.K. Sikri, Rohinton Fali Nariman

     ITEM NO.46                           COURT NO.13                 SECTION XI

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

     Petitions for Special Leave to Appeal (C) Nos. 14353-14354/2015

     (Arising out of impugned final judgment and order dated 04/02/2015
     in ACA No. 71/2007 and 27/03/2015 in CMRA No. 77166/2015 in ACA
     No.71/2007 passed by the High Court Of Judicature at Allahabad)

     AMIT KUMAR AGARWAL                                               Petitioner(s)
                                                  VERSUS
     ATUL GUPTA AND ORS.                                              Respondent(s)

     (With appln. (s) for exemption from filing O.T. and interim relief
     and office report)

     WITH

     S.L.P.(C)...CC No. 13308-13309/2015
     (With appln.(s) for c/delay in refiling SLP and Office Report)

     Date : 27/07/2015 These petitions were called on for hearing today.

     CORAM :             HON'BLE MR. JUSTICE A.K. SIKRI
                         HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

     For Petitioner(s)             Mr. S. R. Singh, Sr. Adv.
                                   Mr. Anurag Tomar, Adv.
                                   Mr. Rameshwar Prasad Goyal, Adv.

     For Respondent(s)             Mr.   Sunil Gupta, Sr. Adv.
                                   Mr.   Nitin Goel, Adv.
                                   Mr.   Raghuvir Sharma, Adv.
                                   Mr.   Dharmendra Sharma, Adv.
                                   Dr.   Rajeev Sharma, Adv.

                                   Mr. Vinay Garg, Adv.
                                   Mr. Akshat Kumar, Adv.

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

Delay in re-filing SLP CC Nos. 13308-13309/2015 is condoned.

Signature Not Verified
                         Application     for   exemption   from    filing     Official
Digitally signed by
Suman Wadhwa
Date: 2015.07.29
17:58:03 IST
Reason:           Translation is allowed.



     SLP(C)Nos. 14353-14354/2015 etc.              1

After hearing the learned counsel for the parties, we are not inclined to interfere with the order of the High Court whereby a retired Judge of the High Court is appointed as an Arbitrator to adjudicate the disputes between the parties which relate to a partnership firm. These special leave petitions are, therefore, dismissed.

At this stage, learned counsel for the petitioner states that though the disputes are common and they arise out of the same partnership firm, the learned Arbitrator is drawing two proceedings which may not be necessary. He, therefore, requests for consolidation of the proceedings in the two cases. If this is correct, it would always be open to the petitioner to approach the High Court for necessary directions.

       (Nidhi Ahuja)                                   (Suman Jain)
       COURT MASTER                                    COURT MASTER




SLP(C)Nos. 14353-14354/2015 etc.         2