Supreme Court - Daily Orders
Chintels India Pvt Ltd vs M/S Bhayana Builders Pvt Ltd on 20 September, 2024
Author: Sanjay Kumar
Bench: Sanjay Kumar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
(arising out of SLP(C) No. 3971 of 2024)
CHINTELS INDIA PVT. LTD. ..... APPELLANT(S)
VERSUS
M/S. BHAYANA BUILDERS PVT LTD. ..... RESPONDENT(S)
O R D E R
Leave granted.
Having regard to the facts and circumstances of the case, we feel that the High Court should have condoned the delay in the filing of the intra-Court appeal1 under Section 37 of the Arbitration and Conciliation Act, 1996.2 It may be noticed that the respondent, M/s. Bhayana Builders Pvt Ltd., has filed an appeal3 under Section 37 of the A & C Act, which is pending before the High Court. The appellant, Chintels India Pvt. Ltd., has also invoked the provisions of Section 11 of the A & C Act for appointment of a fresh Arbitrator.
We would not like to further elaborate upon with reasons, given the fact that the matter is to be remanded for decision of the appeal on merits.
Nevertheless, we are also of the view that the appellant, Chintels India Pvt. Ltd., must be burdened with costs for the Signature Not Verified Digitally signed by Deepak Guglani Date: 2024.09.24 1 10:00:55 IST Reason: FAO(OS)(Comm) no. 98/2023.
2 “A & C Act”, for short.
3 FA(OS)(Comm) No. 271/2022.1 delay. Accordingly, the appellant, Chintels India Pvt. Ltd., is directed to pay costs of ₹2,00,000/- (Rupees two lakhs only) to the opposite side within a period of four weeks from today. In case the said costs are not paid, this appeal will be treated as dismissed.
The impugned judgment is set aside and the appeal is allowed and disposed of in the above terms.
The appeals by both sides may be taken up by the High Court together.
Pending application(s), if any, shall stand disposed of.
...............J. (SANJIV KHANNA) ...............J. (SANJAY KUMAR) NEW DELHI;
SEPTEMBER 20, 2024.
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ITEM NO.39 COURT NO.2 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. 3971/2024 (Arising out of impugned final judgment and order dated 01-08-2023 in FAO(OS)(COMM) No. 98/2023 passed by the High Court of Delhi at New Delhi) CHINTELS INDIA PVT. LTD. ..... APPELLANT(S) VERSUS M/S. BHAYANA BUILDERS PVT LTD. ..... RESPONDENT(S) (FOR ADMISSION and I.R. and IA No. 31340/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 20-09-2024 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Rajshekhar Rao, Sr. Adv. Mr. Kotla Harshavardhan, Adv. Ms. Vrinda Bhandari, AOR Ms. Vishakha Gupta, Adv. Mr. Raghav Kohli, Adv.
Ms. Gayatri Gupta, Adv. Ms. Anandita Rana, Adv. For Respondent(s) Mr. Mukul Rohatgi, Sr. Adv. (N/P) Mr. Siddharth Bhatnagar, Sr. Adv. Ms. Nandini Gore, Adv.
Mr. Sameer Rohatgi, Adv. Ms. Manmeet Kaur, Adv.
Mr. Akhil Abraham Roy, Adv. Mr. Rajat Dasgupta, Adv. Mr. Chandan Malav, Adv. Mr. Gurtej Pal Singh, Adv. Mr. Mohammad Shahyan Khan, Adv. M/s. Karanjawala & Co., AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed and disposed of in terms of the signed 3 order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file) 4