Supreme Court - Daily Orders
M/S Tantia Constructions Limited vs Union Of India on 15 July, 2022
Bench: M.R. Shah, B.V. Nagarathna
ITEM NO.13 COURT NO.11 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 for Special Leave to Appeal (C) No. 10722/2022
(Arising out of impugned final judgment and order dated 16-09-2021
in AP No. 353/2020 passed by the High Court at Calcutta)
M/S TANTIA CONSTRUCTIONS LIMITED Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
(FOR ADMISSION and I.R. )
Date : 15-07-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) Mr. Debal Banerjee, Sr. Adv.
Mr. R.N. Ghose, Adv.
Mr. Santanu Ghosh, Adv.
Mr. Nikhil Jain, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Having heard the learned counsel for the petitioner, we are of the firm opinion that there cannot be two arbitration proceedings with respect to the same contract/transaction. It is not in dispute that in the present case, earlier the dispute was referred to arbitration and the Arbitrator passed an award on whatever the claims were made. Thereafter, a fresh arbitration proceeding was sought to be initiated with respect to some further claims, may be after final bill. The same is rightly refused to be Signature Not Verified Digitally signed by R Natarajan Date: 2022.07.18 referred 17:26:41 IST Reason: to arbitration in exercise of Section 11(6) of the Arbitration and Conciliation Act, 1996. We are in complete contd..
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agreement with the view taken by the High Court. With this, the Special Leave Petition stands dismissed. Pending application(s), if any, shall stand disposed of.
(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR