Supreme Court - Daily Orders
Aeren R.Entertainment Pvt.Ltd. vs National Engineering Ind.Ltd. on 20 July, 2016
Bench: Dipak Misra, Rohinton Fali Nariman
SLP(C) 1792/14
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6977 OF 2016
(Arising out of S.L.P.(C) No.1792 of 2014)
Aeren R. Entertainment Private Ltd. Appellant(s)
Versus
National Engineering Industries Ltd. Respondent(s)
O R D E R
Heard Mr. Amit Singh Chadha, learned senior counsel along with Ms. Priya Puri, learned counsel for the appellant and Mr. Parag P. Tripathi and Mr. Jayant Bhushan, learned senior counsel along with Dr. P.K. Agrawal, learned counsel for the respondent.
Leave granted.
The present appeal calls in question the justifiability of the order dated 4th September, 2013, whereby the learned Single Judge of the High Court of Rajasthan in S.B. Arbitration Application No.54 of 2008, has declined to exercise the jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, 'the 1996 Act') on two counts, namely, (i) the agreement was not adequately stamped, Signature Not Verified and (ii) the agreement could not have been entered into Digitally signed by CHETAN KUMAR Date: 2016.07.27 16:40:15 IST Reason: during the pendency of the proceedings under the Rajasthan Imposition of Ceiling on Agriculture Holdings Act, 1973 (for brevity, 'the 1973 Act').
SLP(C) 1792/14 2 In course of hearing, we have been apprised that the concerned Collector has passed an order with regard to inadequate stamping of the document. The same has been assailed in revision. As far as the proceedings under the 1973 Act is concerned, that is also under litigation. Hence, we think it appropriate to say that if the appellant stands cleared of those proceedings, it will be entitled to file a fresh application under Section 11 of the 1996 Act.
In view of the aforesaid, we allow the appeal and set aside the order passed by the High Court. We have set aside the order passed by the High Court as we are of the considered opinion that the High Court should not have declared the agreement void as it was subject to paying adequate stamp duty under the Stamp Act and also getting cleared of the proceedings initiated under the 1973 Act. There shall be no order as to costs.
......................J. (Dipak Misra) ......................J. (Rohinton Fali Nariman) New Delhi;
July 20, 2016.
SLP(C) 1792/14
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ITEM NO.2 COURT NO.4 SECTION XV
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.1792/2014 (Arising out of impugned final judgment and order dated 24/09/2013 in SBAA No. 54/2008 passed by the High Court of Rajasthan at Jaipur) AEREN R.ENTERTAINMENT PVT.LTD. Petitioner(s) VERSUS NATIONAL ENGINEERING IND.LTD. Respondent(s) (Interim relief and office report) Date : 20/07/2016 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Amit Singh Chadha, Sr. Adv.
Mr. Sacchin Puri, Sr. Adv. Ms. Kaadambari Puri, Adv. Mr. Dilpreet Singh, Adv. Mrs. Priya Puri, AOR For Respondent(s) Mr. Parag P. Tripathi, Sr. Adv.
Mr. Jayant Bhushan, Sr. Adv. Mr. S. Patra, Adv.
Mr. P.K. Agrawal, Adv.
Mr. Shikhar Srivastava, Adv. for M/s. Khaitan & Co.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)