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Supreme Court - Daily Orders

Goldrush Sales And Services Ltd. vs The Managing Director U.P. State Road ... on 18 December, 2019

Bench: R. Banumathi, A.S. Bopanna

                                                            1

     ITEM NO.10                                   COURT NO.5                    SECTION XI

                                    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).       29443/2019

     (Arising out of impugned final judgment and order dated 13-09-2019
     in ARBA No. 29/2012 passed by the High Court Of Judicature At
     Allahabad, Lucknow Bench)

     GOLDRUSH SALES AND SERVICES LTD.                                             Petitioner(s)

                                                           VERSUS

     THE MANAGING DIRECTOR
     U.P. STATE ROAD TRANSPORT CORPORATION & ORS.                               Respondent(s)

     (FOR ADMISSION and Interim Relief and
     IA No.191570/2019-EXEMPTION FROM FILING O.T. )

     Date : 18-12-2019 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MRS. JUSTICE R. BANUMATHI
                             HON'BLE MR. JUSTICE A.S. BOPANNA

     For Petitioner(s)                     Mr. Krishnan Venugopal,Sr.Adv.
                                           Mr. K. K. Mohan, AOR
                                           Mr. Sanchin Garg,Adv.

     For Respondent(s)

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

We have heard Mr. Krishnan Venugopal, learned senior counsel appearing for the petitioner, who has submitted that the Managing Director of the U.P. State Road Transport Corporation (now nominated as an Arbitrator by the High Court in the impugned order) has been fighting the litigation against the petitioner in the Arbitration Application No.29 of 2012 for about more than seven Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2019.12.18 years.

17:26:00 IST Reason: It was therefore inter alia submitted that it will not be appropriate for the Managing Director himself to act as an Arbitrator and this aspect was not kept in view by the High Court. 2 Having regard to the submissions made at the Bar, issue notice returnable within eight weeks from today.

There shall be an interim stay of further proceedings of the learned Arbitrator until further orders from this Court.

(MAHABIR SINGH)                                 (BEENA JOLLY)
 COURT MASTER                                   BRANCH OFFICER