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Supreme Court - Daily Orders

Jsw Ispat Special Products Limited vs Bharat Petro Resources Limited on 11 November, 2022

Author: J.K. Maheshwari

Bench: J.K. Maheshwari

                                                 1

     ITEM NO.2                          COURT NO.8                 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)               No(s).   5092/2022

     (Arising out of impugned final judgment and order dated 11-02-2022
     in ARBP No. 1154/2021 passed by the High Court of Delhi at New
     Delhi)

     JSW ISPAT SPECIAL PRODUCTS LIMITED                              Petitioner(s)

                                                VERSUS

     BHARAT PETRO RESOURCES LIMITED                                  Respondent(s)

     (IA No. 92499/2022 - CLARIFICATION/DIRECTION
      IA No. 42089/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT

IA No. 51769/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 42091/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 11-11-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Shyam Divan, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Rishi Agarwala, Adv.
Mr. Karan Luthra, Adv.
Mr. Pranjit Bhattacharya, Adv.
Ms. Aarushi Tiku, Adv.
Mr. Rohan Talwar, Adv.
Mr. Sudipto Sircar, Adv.
Mr. E. C. Agrawala, AOR For Respondent(s) Mr. Jayant Mehta, Sr. Adv.
Mr. Varghese Thomas, Adv.
Mr. Dheeraj Nair, ADv.
Mr. Divyam Agarwal, AOR Signature Not Verified Ms. Aditi Despande, Adv.
Ms. Pallavi Kumar, Adv.
Digitally signed by
SWETA BALODI Date: 2022.11.12 13:17:53 IST Reason: UPON hearing the counsel, the Court made the following O R D E R 2 While we are not inclined to interfere with the impugned order, in view of the limited jurisdiction of the Court while examining an application under Section 11 (6) of the Arbitration and Conciliation Act, 1996, we deem it appropriate to record the submission made by Mr. Shyam Divan, learned senior advocate for the petitioner that they accept termination of the Joint Development Agreement and that the law on the point when a resolution plan is approved is settled by the judgment of this Court in "M/S. Ruchi Soya Industries Ltd. Vs. Union Of India & Ors.", 2022 (6) SCC 343.
We have recorded the statement made by learned senior counsel for the petitioner as this factor should be brought on record and may be relevant while examining the question proportionment of costs.
Recording the aforesaid, the special leave petition is dismissed, without making any comments on the merits.
Pending application(s), if any, shall stand disposed of. (BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH)