Supreme Court - Daily Orders
Punjab State Electricity Board vs M/S Kartar Singh And Co. on 4 December, 2018
Author: Chief Justice
Bench: Chief Justice, Sanjay Kishan Kaul, K.M. Joseph
CA 2413/2009
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2413 OF 2009
Punjab State Electricity Board Appellant(s)
and Others
Versus
M/s. Kartar Singh and Company Respondent(s)
W I T H
CIVIL APPEAL NO.2415 OF 2009
O R D E R
CIVIL APPEAL NO.2413 OF 2009 The order challenged in this appeal is an order of appointment of Justice A.L. Bahri, a retired Judge of Punjab & Haryana High Court as the sole Arbitrator to adjudicate upon the disputes between the parties. While making the aforesaid appointment, the High Court answered the question of limitation in filing the petition under Section 11 of the Arbitration & Conciliation Act, 1996, in favour of the respondent. Aggrieved by the said order, this appeal has been filed.
Signature Not Verified A period of twelve years have elapsed in the Digitally signed by CHETAN KUMAR Date: 2018.12.06 18:00:57 IST Reason: meantime. On account of the interim order of this Court dated 1st October, 2007, the arbitration proceeding has not progressed. Having considered the matter, we are of the view CA 2413/2009 2 that the High Court was justified in coming to its conclusion on the plea of limitation urged before it by the present appellant and in holding that the arbitration proceeding should be allowed to continue.
We, accordingly, dismiss the appeal and direct that the arbitration proceeding should recommence from the stage where it was interdicted and we also hereby appoint Justice S.S. Saron, House No.9, Sector – 9, Chandigarh, as the sole Arbitrator, to adjudicate upon the dispute between the parties.
Civil Appeal No.2415 of 2009
The order challenged in this appeal is a consent order. The respondent has expired in January, 2018; yet no steps have been taken for substitution. The appeal is, therefore, abated. We order accordingly.
..................CJI.
[Ranjan Gogoi] ....................J. [Sanjay Kishan Kaul] ....................J. [K.M. Jospeh] New Delhi December 04, 2018.
CA 2413/2009 3 ITEM NO.112 COURT NO.1 SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No.2413/2009 PUNJAB STATE ELECTRICITY BOARD & ORS. Appellant(s) VERSUS M/S KARTAR SINGH AND CO. Respondent(s) WITH C.A. No. 2415/2009 (IV)
Date : 04-12-2018 These appeals were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Appellant(s) Mr. Deepak Khurana, Adv.
Mr. Umesh Kumar Khaitan, AOR Mr. A.K. Sanghi, Sr. Adv.
Mr. Shalinder Saini, Adv. Ms. Alka Agarwal, Adv.
Mr. A.K. Sharma, Adv.
Mrs. Anil Katiyar, AOR For Respondent(s) Mr. Akshat Goel, Adv.
Mr. Kamal Mohan Gupta, AOR Mr. Rahul Chitnis, Adv.
Mr. Aaditya A. Pande, Adv. Mr. Chander Shekhar Ashri, AOR UPON hearing the counsel the Court made the following O R D E R C.A. No.2413 of 2009 The appeal is dismissed in terms of the signed order.CA 2413/2009 4 C.A. No.2415 of 2009
The order challenged in this appeal is a consent order. The respondent has expired in January, 2018; yet no steps have been taken for substitution. The appeal is, therefore, abated. We order accordingly.
(Chetan Kumar) (Anand Prakash)
A.R.-cum-P.S. Court Master
(Signed order is placed on the file)