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State Of Madhya Pradesh vs M/S Link Utsav Auto System Pvt. Ltd. on 11 September, 2015

Bench: T.S. Thakur, V. Gopala Gowda

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     ITEM NO.19                          COURT NO.2                 SECTION IVA

                               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).   24788/2015

     (Arising out of impugned final judgment and order dated 26/06/2015
     in WP No. 6567/2014 passed by the High Court Of M.p At Gwalior)

     STATE OF MADHYA PRADESH & ANR.                                  Petitioner(s)

                                                 VERSUS

     M/S LINK UTSAV AUTO SYSTEM PVT. LTD.                            Respondent(s)

     (with appln. (s) for exemption from filing c/c of the impugned
     judgment and exemption from filing O.T. and interim relief and
     office report)


     Date : 11/09/2015 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE T.S. THAKUR
                         HON'BLE MR. JUSTICE V. GOPALA GOWDA

     For Petitioner(s)              MR. Shyam Divan, Sr. Adv.
                                    Mr. Mishra Saurabh,Adv.


     For Respondent(s)              Mr. Kapil Sibal, Sr. Adv.
                                    MR. Dhruv Mehta, Sr. Adv.
                                    MR. Sanjiv Sen, Sr. Adv.
                                    M/s. Karanjawala & Co.,Adv.



                          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. Signature Not Verified Digitally signed by Shashi Sareen Date: 2015.09.16

     (Shashi Sareen)                                               (Veena Khera)
10:01:00 IST
Reason:


       AR-cum-PS                                                    Court Master
               (Signed order is placed on the file)
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                    IN THE SUPREME COURT OF INDIA
                     CIVIL APPELLATE JURISDICTION


                    CIVIL APPEAL NO. 7126         OF 2015

(Arising out of Special Leave Petition (Civil)No. 24788 of 2015) STATE OF MADHYA PRADESH AND ANR. …APPELLANTS VERSUS M/S. LINK UTSAV AUTO SYSTEM PVT. LTD. …RESPONDENTS O R D E R Leave granted.

Learned counsel for the respondent-writ petitioner before the High Court submits that the appellants are ready to withdraw the writ petition filed by them to seek relief in proceedings before an Arbitral Tribunal to be constituted in terms of the arbitration clause contained in the agreement. In that view, therefore, we allow this appeal, set aside the order passed by the High Court and dismiss the writ petition as withdrawn. The dismissal of the writ petition shall not, however, prevent the writ petitioner-respondent herein from pursuing such other remedy by way of arbitration or otherwise in appropriate proceedings before the appropriate forum in accordance with law.

...2/-

At this stage Mr. Kapil Sibal, learned counsel for the respondent, submits that the respondent-company has already nominated Mrs. Justice Usha Mehra, former Judge of the High Court of Delhi as an Arbitrator while the appellant-State has not yet responded to the request for nominating an Arbitrator on their behalf. Mr. Shyam Divan, learned counsel appearing for the appellant submits that the needful shall be done by the State Government expeditiously, but, in any case, within a period of two weeks from today. We hope and trust that the State Government abides by the statement made by the learned counsel on its behalf to avoid unnecessary delay and procrastination. No costs.

………………………………J. (T.S. THAKUR) ………………………………J. (V. GOPALA GOWDA) New Delhi, 11th September, 2015.