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M/S. Worlds Window Infrastructure And ... vs Central Warehousing Corporation on 30 July, 2018

Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud

     SLP(C)Nos.18966-18967/18                          1

     ITEM NO.16                                  COURT NO.1                    SECTION XI

                                 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).18966-18967/2018

     (Arising out of impugned final judgment and order dated 31-05-2018
     in W.P.No.2580 of 2018 and W.P.No.3108 of 2018 passed by the High
     Court of Judicature at Allahabad)

     M/S.WORLDS WINDOW INFRASTRUCTURE AND LOGISTICS
     PVT.LTD.                                                               Petitioner(s)

                                                     VERSUS

     CENTRAL WAREHOUSING CORPORATION                                        Respondent(s)

     (FOR ADMISSION and I.R. and IA No.99137/2018-EXEMPTION FROM FILING
     O.T.)

     Date : 30-07-2018 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE THE CHIEF JUSTICE
                         HON'BLE MR. JUSTICE A.M. KHANWILKAR
                         HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

     For Petitioner(s)               Mr.Amit Sibal, Sr.Adv.
                                     Mr.Prashant Mehra, Adv.
                                     Mr.Gaurav Malik, Adv.
                                     Ms. Sakshi Kakkar, AOR

     For Respondent(s)               Mr.Maninder Singh, ASG
                                     Mr.Shaiwal Srivastava, Adv.
                                     Mr. Ashok K. Srivastava, AOR

                          UPON hearing the counsel the Court made the following
                                             O R D E R

Heard Mr.Amit Sibal, learned senior counsel for the petitioner and Mr.Maninder Singh, learned senior counsel for the respondent.

On a perusal of the impugned order, we notice that there Digitally signed by SATISH KUMAR YADAV Date: 2018.08.02 17:06:07 IST is an arbitration clause and the matter has already been referred Reason:

to arbitration. Once the matter has been referred to arbitration, the learned arbitrator assumes the jurisdiction to enter into the SLP(C)Nos.18966-18967/18 2 facet with regard to arbitrability of the disputes and further whether there had been any kind of pre-settlement, etc. If there is any observation on merits by the learned Single Judge, which has been concurred by the Division Bench, the same shall not be binding on the learned arbitrator and he shall proceed in accordance with law to deal with the lis pertaining to claims as well as the counter claims.

With the aforesaid clarification in the impugned order, the special leave petitions stand disposed of. There shall be no order as to costs.

As a sequel to the above, pending interlocutory application also stands disposed of. No order as to costs.

(Chetan Kumar)                                                  (H.S.Parasher)
  AR-cum-PS                                                  Assistant Registrar