Supreme Court - Daily Orders
Haryana State Industrial And ... vs Idbi Bank Limited on 1 December, 2023
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023
(arising out of SLP(C) No. 19675 of 2023)
HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE
DEVELOPMENT CORPORATION LTD. APPELLANT(S)
VERSUS
IDBI BANK LIMITED & ANR. RESPONDENT(S)
WITH
CIVIL APPEAL NO. OF 2023
(arising out of SLP(C) No. 2023)
(@ Diary No. 42981/2023)
O R D E R
Delay is condoned.
Leave granted.
During the course of hearing, the learned Senior Advocate appearing on behalf of the Haryana State Industrial & Infrastructure Development Corporation Ltd.1 has drawn our attention to paragraph 4 of the operative portion of the arbitral award dated 24.03.2020, which reads:
“The Respondent No. 1 shall be entitled to the reimbursement of such amount from the Claimant which the Claimant would recover from the Respondent No. 2 towards its outstanding dues pursuant to the order of the Debt Recovery Tribunal or otherwise. The Claimant Signature Not Verified Digitally signed by shall also be liable to pay simple interest on such Deepak Guglani Date: 2023.12.05 18:20:51 IST amount @ 9% per annum if such amount is not Reason: reimbursed to Respondent No. 1 within 1 month of the recovery of such amount from Respondent No. 2.” 1 For short, “HSIIDC” 2 The learned Senior Advocate states that the aforesaid arbitration proceedings were essentially examining the claims inter se the HSIIDC and IDBI Bank Limited. M/s. KMP Expressways Limited was a proforma party to the arbitration proceedings, as no claims were raised against it.
The learned Single Judge has upheld the award dated 24.03.2020 vide order dated 29.03.2022, dismissing the objections filed by the HSIIDC. The appeal preferred by the HSIIDC under Section 37 of the Arbitration and Conciliation Act, 1996 has also been dismissed by the Division Bench of the High Court vide impugned judgment dated 11.07.2023.
M/s. KMP Expressways Limited had also filed objections to the arbitral award dated 24.03.2020, which were dismissed, and the appeal there-against has also been dismissed. However, the judgment(s)/ order(s) observe that all pleas and contentions raised by M/s. KMP Expressways Limited have been left open.
At this stage, we must record that disputes inter se M/s. KMP Expressways Limited and the HSIIDC are the subject matter of another arbitration. The award is yet to be pronounced in the said arbitration proceedings.
During the course of the hearing before us, the learned Senior Advocate for the HSIIDC has agreed that the HSIIDC will make a payment in terms of the award dated 24.03.2020 to IDBI Bank Limited within two months from today. It is stated that calculations are required to be made as to the amount payable, which task will be undertaken within the aforesaid period. 3
On behalf of the HSIIDC, an apprehension is expressed that once payment is made, IDBI Bank Limited may not pursue the proceedings filed by the said bank against M/s. KMP Expressways Limited and are pending before the Debts Recovery Tribunal2.
To protect the interest of the HSIIDC, we deem it appropriate to exercise our power under Article 142 of the Constitution of India and direct that the HSIIDC will be impleaded as a party in the proceedings initiated by IDBI Bank Limited against M/s. KMP Expressways Limited before the DRT. The HSIIDC will be treated as a co-applicant. However, we clarify that the DRT will not examine and go into any dispute inter se the HSIIDC and M/s. KMP Expressways Limited. The subject before the DRT will only pertain to and will be restricted to the claim of IDBI Bank Limited against M/s. KMP Expressways Limited.
We also clarify that we have not examined any of the pleas and contentions of IDBI Bank Limited or M/s KMP Expressways Limited raised and are sub judice before the DRT, or the pleas and contentions raised in the proceedings inter se the HSIIDC and M/s. KMP Expressways Limited pending before the arbitral tribunal.
This order for impleadment of the HSIIDC will not be treated as an expression of opinion by this Court concerning the merits of the proceedings pending before the DRT or the arbitral tribunal.
We also do not comment on the right of the HSIIDC to enter into an assignment agreement with IDBI Bank Limited.
These contentions of the parties are left open. 2 For short, “DRT” 4 Recording the aforesaid, the impugned judgment is upheld, and the appeals are disposed of in the above terms.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (S.V.N. BHATTI) NEW DELHI;
DECEMBER 01, 2023.
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ITEM NOS.33+61 COURT NO.3 SECTION XIV
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. 19675/2023 (Arising out of impugned final judgment and order dated 11-07-2023 in FAO(OS)(COMM) No. 90/2022 passed by the High Court of Delhi at New Delhi) HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. Petitioner(s) VERSUS IDBI BANK LIMITED & ANR. Respondent(s) (IA No.179676/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.179677/2023-PERMISSION TO FILE LENGTHY LIST OF DATES) with SLP(C) Diary No(s). 42981/2023 (XIV) (IA No.217885/2023-CONDONATION OF DELAY IN FILING and IA No.217887/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 01-12-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Tushar Mehta, SG (N/P) Mr. Sudhir Nandrajog, Sr. Adv. Mr. Lokesh Sinhal, Sr. A.A.G. Mr. Parvinder Chauhan, Adv. Mr. Akshay Amritanshu, AOR Mr. Ashutosh Jain, Adv.
Mr. Madhav Sinhal, Adv.
Mr. Manan Takar, Adv.
Mr. P.S. Rana, Adv.
Mr. Nikunj Gupta, Adv.
Ms. Himanshi Shakya, Adv.
Ms. Anjali Kumari, Adv.
Mr. Kapil Sibal, Sr. Adv.
Mr. Santosh Sachin, AOR Ms. Manali Singhal, Adv.
Mr. Deepak Khurana, Adv.
Mr. Ankur Upadhyay, Adv.
Ms. Shreya Singhal, Adv.6
Ms. Aanchal Kapoor, Adv.
Mr. Deepak Singh Rawat, Adv. For Respondent(s) Mr. Kapil Sibal Sr, Adv.
Mr. Umesh Kumar Khaitan, AOR Mr. Deepak Khurana, Adv.
Ms. Manali Shinghal, Adv.
Ms. Nishtha Wadhwa, Adv.
Dr. Abhishek Manu Singhvi, Sr. Adv. M/s. Cyril Amarchand Mangaldas, AOR Mr. Raunak Dhillon, Adv.
Ms. Madhavi Khanna, Adv.
Ms. Isha Malik, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay is condoned.
Leave granted.
The appeals are disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)