Supreme Court - Daily Orders
Steel Authority Of India Ltd. (Sail) vs M/S K. L. Steels Pvt. Ltd. on 28 September, 2018
Bench: Rohinton Fali Nariman, Indu Malhotra
1
ITEM NO.48 COURT NO.8 SECTION XI
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). 21363/2018
(Arising out of impugned final judgment and order dated 11-04-2018
in ARBCA No. 6/2017 passed by the High Court Of Judicature At
Allahabad)
STEEL AUTHORITY OF INDIA LTD. (SAIL) Petitioner(s)
VERSUS
M/S K. L. STEELS PVT. LTD. Respondent(s)
WITH
SLP(C) No. 21366/2018 (XI)
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. Ranjit Kumar, Sr.Adv.
Mr. K.C.Kausik, Adv.
Ms. Shilpi Satyapriya Satyam, Adv.
Ms. Bhuvneshwari Pathak, Adv.
Mr. Rahul Kaushik, AOR
For Respondent(s) Mr. Raman Yadav, Adv.
Mr. Syed Mehdi Imam, AOR
Ms. Varnita Rastogi, Adv.
Mr. Sharad Chauhan, Adv.
Mr. Akshay Rana, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The High Court, in a petition under Section 11 of the Arbitration & Conciliation Act, 1996, has appointed Mr. Justice T. Signature Not Verified Digitally signed by R NATARAJAN Date: 2018.10.01 Agrawal, Retired Chief Justice, to be the sole Arbitrator, in the 17:07:04 IST Reason:
dispute that has arisen between the parties. 2 The Arbitration clause between the parties, however, makes it clear that either party may, upon giving notice to the other party, refer the dispute to arbitration under the SCOPE Forum of Arbitration Rules, 2003.
Since these Rules alone apply for appointment of Arbitrator as well, the impugned order is set aside and the parties are directed to SCOPE, which will decide which Arbitrator to appoint under its Rules, as expeditiously as possible.
The Special Leave Petitions are disposed of accordingly.
(MANAV SHARMA) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER