Supreme Court - Daily Orders
Kmp Expressways Limited vs Idbi Bank Limited on 6 April, 2018
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
SLP(C) 33039-40/17
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ITEM NO.11 COURT NO.1 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) Nos.33039-33040/2017
(Arising out of impugned final judgment and order dated 16-10-2017
in OMP No. 367/2017 16-10-2017 in ARBA No. 41/2017 passed by the
High Court of Delhi at New Delhi)
KMP EXPRESSWAYS LIMITED Petitioner(s)
VERSUS
IDBI BANK LIMITED & ANR. Respondent(s)
(With appln.(s) for permission to file additional documents and
prayer for interim relief)
WITH S.L.P.(C) Nos.230-231/2018 (XIV)
(With appln.(s) for exemption from filing c/c of the impugned
judgment and clarification/direction)
Date : 06-04-2018 These matters 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. C.A. Sundaram, Sr. Adv.
Mr. Ashish Dholakia, Adv.
Ms. Manali Singhal, Adv.
Mr. Ashish Dholakia, Adv.
Mr. Saket Sikri, Adv.
Mr. Arjun Krishnan, AOR
Mr. Santosh Sachin, Adv.
Mr. Kishore Kumar, Adv.
Mr. Vikalp Mudgal, Adv.
Mr. Ankur Singh, Adv.
Signature Not Verified
SLP 230-231/18
Digitally signed by
CHETAN KUMAR
Date: 2018.04.09
Dr. Abhishek Manu Singhvi, Sr. Adv.
17:54:47 IST
Reason: Mr. Raunak Dhillon, Adv.
Mr. George Varghese, Adv.
M/s. Cyril Amarchand Mangaldas
SLP(C) 33039-40/17
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For Respondent(s) Dr. Abhishek Manu Singhvi, Sr. Adv.
M/s. Cyril Amarchand Mangaldas
Mr. C.A. Sundaram, Sr. Adv.
Mr. Arjun Krishnan, AOR
UPON hearing the counsel the Court made the following
O R D E R
S.L.P.(C) Nos.33039-33040/2017 Heard Mr. C.A. Sundaram, learned senior counsel along with Mr. Ashish Dholakia, learned counsel for the petitioner and Dr. Abhisehk Manu Singhvi, learned senior counsel along with Mr. Raunak Dhillon, learned counsel, who have entered caveat on behalf of the respondent No.1.
Having heard learned counsel for the parties, we think it appropriate to clarify the order passed by the High Court on the basis of the submission advanced before us to the following extent:-
First, the IDBI Bank Limited, the respondent No.1 herein, fairly states that it has no claim against the present petitioner in the arbitration proceedings, which is the subject matter of controversy in the present special leave petitions; second, any finding recorded by the Arbitral Tribunal in this arbitration proceeding, shall not bind the petitioner in relation to the subject matter in the counter claim which has been rejected by the tribunal; third, the petitioner is entitled to pursue its remedy as per law; fourth, if there is an arbitration clause for resolution of disputes in respect of the subject matter in the counter claim which can put the petitioner in the net of arbitration, it will be open to it to pursue its remedy for appointment of arbitrator in accordance with law and if any finding is recorded in this arbitral proceeding with regard to the cause of action in respect of subject matter of the counter SLP(C) 33039-40/17 3 claim shall not bind the petitioner. Needless to say, the respondent No.1 will be at liberty to raise all the objections with regard to the appointment of the arbitrator, when the same is moved in appropriate court.
With the aforesaid clarification, the special leave petitions stand disposed of.
S.L.P.(C) Nos.230-231/2018 Issue notice.
As Mr. C.A. Sundaram, learned senior counsel being assisted by Mr. Ashish Dholakia, learned counsel has entered appearance on behalf of the respondent No.2, no further notice need be issued.
As far as the respondent No.1 is concerned, let notice be issued fixing a returnable date within two weeks.
Dasti, in addition, is permitted.
List the matter in the third week of April, 2018.
(Chetan Kumar) (H.S. Parasher)
Court Master Assistant Registrar