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Supreme Court - Daily Orders

Bihar State Food And Civil Supplies ... vs Sadhna Kumari on 29 January, 2018

Bench: Adarsh Kumar Goel, Uday Umesh Lalit

                                                  1

     ITEM NO.16                           COURT NO.10               SECTION XVI

                              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).   450/2018

     (Arising out of impugned final judgment and order dated 19-04-2017
     in RC No. 8/2016 passed by the High Court Of Judicature At Patna)

     BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LTD. & ORS.
                                                 Petitioner(s)

                                                 VERSUS

     SADHNA KUMARI                                                  Respondent(s)

     WITH

     Diary No(s). 42063/2017 (XVI)
     (IA   No.141446/2017-CONDONATION  OF   DELAY   IN FILING and   IA
     No.141447/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.141448/2017-EXEMPTION FROM FILING O.T.

     SLP(C) No. 511/2018 (XVI)


     Date : 29-01-2018 These matters were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
                         HON'BLE MR. JUSTICE UDAY UMESH LALIT


     For Petitioner(s)             Mr.   Sidharth Luthra,Sr.Adv.
                                   Mr.   Jasmeet Singh, AOR
                                   Mr.   Gautam Khanjanchi,Adv.
                                   Mr.   Naman Joshi,Adv.
                                   Mr.   Ashutosh Kumar,Adv.
                                   Ms.   Kusheet J. Saluja,Adv.
                                   Mr.   Hemant Jain,Adv.
                                   Mr.   Shailendra Kr.Singh,Adv.

                                   Mr.   Sidharth Luthra,Sr.Adv.
                                   Mr.   Shivam Singh,Adv.
                                   Mr.   Manish Kumar,Adv.
Signature Not Verified
                                   Ms.   Shreya Singh,Adv.
Digitally signed by
MADHU BALA
Date: 2018.01.30
                                   Mr.   Gopal Singh, AOR
12:00:38 IST
Reason:


     For Respondent(s)             Mr. P.N. Mishra,Sr.Adv.
                                   Mr. Anil K. Jha, AOR
                                   Ms. Priyanka Tyagee,Adv.
                                 2


                 Mr. Devashish Bharuka, AOR
                 Mr. Sejal Agarwal,Adv.


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

Heard learned counsel for the parties. Delay condoned.

Having regard the facts and circumstances of the present case, we do not find any ground to interfere except to direct that one arbitrator should not have more than ten matters and arbitration proceedings in such ten matters must be concluded on day to day basis within a period of three months. Wherever an arbitration has taken cognizance in more than ten matters, matters beyond ten matters be referred back to the High Court for appointment of another arbitrator.

It is also made clear that pendency of arbitration proceedings will not affect criminal proceedings, including the investigation.

All arbitration proceedings will be carried out at Patna.

All contentions available under the law to the parties before the arbitrator are left open to be gone into by the Arbitrator in accordance with law.

The special leave petitions are, accordingly, disposed of.

3

Pending application(s), if any, shall also stand disposed of.



(MADHU BALA)                            (PARVEEN KUMARI PASRICHA)
COURT MASTER (SH)                                BRANCH OFFICER