Supreme Court - Daily Orders
Public Works Department (National ... vs M/S Bsc-Cc And Jv on 7 August, 2023
Bench: S. Ravindra Bhat, Aravind Kumar
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CIVIL) NO. 16223/2023
PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAY),
GOVERNMENT OF MEGHALAYA APPELLANT(S)
VERSUS
M/S BSC-CC AND JV RESPONDENT(S)
WITH
CIVIL APPEAL NO. /2023
(@ SLP (CIVIL) NO. 14475/2022)
O R D E R
SLP (Civil) No. 16223/2023
After hearing the counsel for the
parties, this court is of the opinion that no
interference is called for in the Special Leave
Petition (Civil) No. 16223/2023. Accordingly, the special leave petition is dismissed. All rights and contentions of the parties are however, kept open. Signature Not Verified Pending applications(s), if any, are also disposed Digitally signed by GEETA AHUJA Date: 2023.08.14 17:59:39 IST Reason: of.
2SLP (Civil) No. 14475/2022 Leave granted.
After having considered the submissions of the parties, this Court is of the opinion that the High court fell into error while setting aside the entirety of issue no. 1 by its impugned order dated 14.02.2023.
Issue no. 3(1) is hereby directed to be recast in the following terms:-
(1) “Is the claimant entitled to any sum, in excess of the ₹ 75 crores directed by the interim award dated 27.07.2021?” (2) Subject to the above alternation, the proceedings in arbitration shall continue before the Tribunal from the stage where they were before the passing of the impugned order.
This appeal is allowed in the above terms. Pending applications(s), if any, are also disposed of.
.......................J. ( S. RAVINDRA BHAT ) .......................J. ( ARAVIND KUMAR ) NEW DELHI 07th AUGUST, 2023 3 ITEM NO.9+64 COURT NO.8 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(s) for Special Leave to Appeal (C) No(s). 16223/2023 (Arising out of impugned final judgment and order dated 19-06-2023 in ARBA No. 6/2023 passed by the High Court Of Meghalya At Shilong) PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAY), GOVERNMENT OF MEGHALAYA Petitioner(s) VERSUS M/S BSC-CC AND JV Respondent(s) (IA No.145534/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.145533/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) WITH ITEM 64 Petition(s) for Special Leave to Appeal (C) No(s). 14475/2022 (IA No. 147321/2022 - APPLICATION FOR PERMISSION IA No. 117772/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 07-08-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Jaideep Gupta, Sr. Adv. Mr. Amit Kumar, Sr. Adv.
Mr. Abhikalp Pratap Singh, AOR Mr. Aditya Shankar Pandey, Adv. Ms. Yamini Singh, Adv.
Ms. Avanit Arya, Adv.
Mr. Avijit Mani Tripathi, AOR Mr. Jaideep Gupta, Sr. Adv. Mr. Amit Kumar Ag, Adv.
Mr. Shaurya Sahay, Adv.
Mr. Aditya Shankar Pandey, Adv. Mr. Himanshu Sehrawat, Adv. Ms. Rekha Bakshi, Adv.
For Respondent(s) Mr. Gaurab Banerji, Sr. Adv.4
Mr. Ranjit Prakash, Adv.
Mr. Anshuman Pande, Adv.
Ms. Sanya Gangwar, Adv.
Ms. Kanupriya Tiwari, Adv. Mr. Pai Amit, AOR Mr. T.S. Sundaram, Adv.
Mr. Rakesh Talukdar, Adv.
UPON hearing the counsel the Court made the following O R D E R SLP (Civil) No. 16223/2023 The special leave petition is dismissed in terms of the signed order. All rights and contentions of the parties are however, kept open. Pending applications(s), if any, are also disposed of.SLP (Civil) No. 14475/2022
Leave granted.
This appeal is allowed in terms of the signed order. Pending applications(s), if any, are also disposed of.
(SONIA GULATI) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed order is placed on the file)