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Supreme Court - Daily Orders

Niraj Cement Structurals Limited vs Board Of Trustees New Mangalore Port ... on 16 July, 2018

Bench: Rohinton Fali Nariman, Indu Malhotra

                                                    1

     ITEM NO.60                            COURT NO.9                 SECTION IV-A

                                  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).     15713/2018

     (Arising out of impugned final judgment and order dated 09-03-2018
     in MFA No. 1595/2018 passed by the High Court Of Karnataka At
     Bengaluru)

     NIRAJ CEMENT STRUCTURALS LIMITED                                   Petitioner(s)

                                                   VERSUS

     BOARD OF TRUSTEES NEW MANGALORE PORT TRUST & ORS.                  Respondent(s)

     (FOR ADMISSION and I.R.
     "As per mentioning order dt. 13.07.18, the matter be not deleted
     from the date already notified.")

     Date : 16-07-2018 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
                            HON'BLE MS. JUSTICE INDU MALHOTRA

     For Petitioner(s)                Mr. C.U. Singh, Sr. Adv.
                                      Sanjana Saddy, Adv.
                                      Mr. Raju Shah, Adv.
                                      Mr. Nirav Marjadi, Adv.
                                      Mr. T. Mahipal, AOR

     For Respondent(s)                Mr. Arvind Gupta, AOR
                                      Mr. Sanjeev Kumar Verma, Adv.
                                      Tejasvi Goel, Adv.


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

In view of an Award having been published on 31.01.2018, we leave it open to the petitioner to take up all pleas relating to the appointment of the Chairman of the Arbitral Tribunal. It will Signature Not Verified be equally open for the other side to take up all pleas as to why Digitally signed by R NATARAJAN Date: 2018.07.17 16:44:48 IST Reason: such plea should not be entertained on maintainability as well as on merits under the Section 34 petition, that is to be filed. 2 We also make it clear that the findings that have been rendered in the proceedings are tentative only. It will therefore, be open to both parties to canvass all points in the Section 34 proceeding that is yet to be filed.

With these observations, the Special Leave Petition is disposed of.

(R. NATARAJAN)                                          (SAROJ KUMARI GAUR)
COURT MASTER (SH)                                          BRANCH OFFICER