Supreme Court - Daily Orders
Ig3 Infra Limited vs D. Ramachandran on 17 October, 2023
SLPC 23364-65/2023
ITEM NO.15 COURT NO.1 SECTION XII
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) Nos.23364-23365/2023
(Arising out of impugned final judgment and order dated 18-08-2023
in ARB. O.P.(COM. DIV) No.21/2023 11-09-2023 in ARB. O.P.(COM. DIV)
No.21/2023 passed by the High Court of Judicature at Madras)
IG3 INFRA LIMITED Petitioner(s)
VERSUS
D. RAMACHANDRAN Respondent(s)
(With I.R. and IA No.213781/2023-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT)
Date : 17-10-2023 These petitions were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE J.B. PARDIWALA
HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) Mr. Rajshekhar Rao, Sr. Adv.
Mr. Digvijay Singh, Adv.
Mr. Yashraj Samant, Adv.
Ms. Aditi Tripathi, AOR
Ms. Manasa, Adv.
For Respondent(s)
Signature Not Verified
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Digitally signed by
CHETAN KUMAR
Date: 2023.10.17
16:33:24 IST
Reason:
SLPC 23364-65/2023
UPON hearing the counsel the Court made the following
O R D E R
1 Mr Rajshekhar Rao, senior counsel appearing on behalf of the petitioner submits that:
(i) On 6 October 2010, a letter was addressed for communicating to the petitioner that the agreement had lapsed on 6 April 2010; and
(ii) The notice of arbitration was issued nine years later, on 13 March 2019.
2 Based on the above submissions, it has been urged that (i) an order was passed under Section 11 of the Arbitration and Conciliation Act 1996 appointing an arbitrator; (ii) the petitioner raised a preliminary objection to jurisdiction under Section 16 which was however rejected on the ground that the issue of limitation raised mix questions of law and fact; (iii) the High Court directed that a preliminary issue be framed and decided; and (iv) the Arbitrator having recused, an application was filed under Section 11 read with Sections 14 and 15 by the respondent on which an arbitrator has been appointed. On these facts, it has been submitted that the claim was clearly barred by limitation.
3 Issue notice, returnable in three weeks.
4 Dasti, in addition, is permitted.
5 List the Special Leave Petitions on 10 November 2023.
6 Till the next date of listing, there shall be a stay of the operation of further proceedings before the Arbitrator.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Assistant Registrar
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