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Ntpc Limited vs Afcons R.N. Shetty And Co. Pvt. Ltd Jv on 9 September, 2021

Bench: M.R. Shah, Aniruddha Bose

     ITEM NO.24                 Court 13 (Video Conferencing)                  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. 13426/2021

     (Arising out of impugned final judgment and order dated 06-08-2021
     in OMP (T) (COMM.) No. 37/2021 passed by the High Court of Delhi at
     New Delhi)

     NTPC LIMITED                                                         Petitioner(s)

                                                    VERSUS

     AFCONS              R.N. SHETTY AND CO. PVT. LTD JV                  Respondent(s)

     (FOR ADMISSION and I.R. and IA No.108202/2021-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.108203/2021-PERMISSION TO
     FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

     Date : 09-09-2021 This petition was called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE M.R. SHAH
                          HON'BLE MR. JUSTICE ANIRUDDHA BOSE


     For Petitioner(s)                Mr.   S. B. Upadhyay, Sr. Adv.
                                      Mr.   Tarkeshwar Nath, Adv.
                                      Mr.   Nishant, Adv.
                                      Mr.   Harshit Singh, Adv.
                                      Mr.   Rameshwar Prasad Goyal, AOR

     For Respondent(s)                Mr.   Manu Seshadri, Adv.
                                      Mr.   Aveak Ganguly, Adv.
                                      Mr.   Abhijit Lal, Adv.
                                      Ms.   Pallavi Anand, Adv.
                                      Mr.   Mithu Jain, AOR

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

The question which is involved in the present Special Leave Petition is occurring frequently and the issue is whether a separate fee is required to be paid on the Signature Not Verified counter claim or not.

Issue notice returnable on 27.09.2021. 16:47:46 IST Reason:

Shri Manu Seshadri, learned counsel accepts notice on behalf of the respondent.

Contd...

 - 2 -

Short synopsis be filed by the learned counsel for the respective parties within a period of two weeks from today.

As the present SLP is pending, it is expected that in the meantime the learned Arbitral Tribunal may not proceed further with the arbitration to consider only the claim. However, it will be open for the Tribunal to proceed further with the hearing with claim or counter claim subject to the ultimate outcome of the present Special Leave Petition.

(NEETU SACHDEVA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER