Supreme Court - Daily Orders
Ms Skipper Ltd vs Flowmore Limited on 9 December, 2024
Author: Abhay S. Oka
Bench: Abhay S. Oka
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).14505 OF 2024
(ARISING OUT OF S.L.P (CIVIL) NO(S).15916/2023)
M/S SKIPPER LTD. APPELLANT(S)
VERSUS
FLOWMORE LIMITED RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned counsel appearing for the parties. We have perused the impugned judgment. We find that there was absolutely no reason for the Division Bench to remand the application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, “the Arbitration Act”) to the learned Single Judge. It appears to us that the Appellate Court while exercising the powers under Section 37 of the Arbitration Act has not done its duty. All questions which are discussed in the impugned judgment could have been decided by the Division Bench itself. If such orders of remand are passed, the same will defeat the very object of enacting the Arbitration Act.
We, therefore, set aside the impugned judgment dated 29th May, 2023 and restore FAO (OS) (COMM) No.31/2023 to its original number before the Division Bench of the High Court of Delhi. The restored Appeal shall be listed before the roster Bench on 10 th January, 2025 for fixing a date for hearing. Both the parties who are Signature Not Verified represented today shall appear before the roster Bench on that day Digitally signed by ASHISH KONDLE Date: 2024.12.13 20:02:09 IST Reason: and no further notice will be served upon them. 1 A copy of this order shall be forwarded by the Registry of this Court to the Registrar (Judicial) of the High Court of Delhi who shall ensure that the restored Appeal is listed on 10 th January, 2025.
All questions are left open to be decided in the appeal. The Appeal is, accordingly, allowed.
..........................J. (ABHAY S. OKA) ..........................J. (AUGUSTINE GEORGE MASIH) NEW DELHI;
DECEMBER 09, 2024.
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ITEM NO.27 COURT NO.5 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). 15916/2023
[Arising out of impugned final judgment and order dated 29-05-2023 in FAO(OS)(COMM) No. 31/2023 passed by the High Court of Delhi at New Delhi] M/S SKIPPER LTD. Petitioner(s) VERSUS FLOWMORE LIMITED Respondent(s) (IA NO. 119124/2024 IS LISTED AGAINST THIS ITEM] (IA NO.144100/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA No. 119124/2024 - APPROPRIATE ORDERS/DIRECTIONS) Date : 09-12-2024 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Nikhil Nayyar, Sr. Adv.
Mr. Saurav Gupta, AOR Ms. Sugandha Batra, Adv.
For Respondent(s) Mr. Kapil Sibal, Sr. Adv.
Mr. Abhinav Mukerji, Sr. Adv. Ms. Pratishtha Vij, Adv.
Ms. Khushboo Hora, Adv.
Ms. Purnima Krishna, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Appeal is allowed in terms of the signed order. The operative portion of the order reads thus:
“We, therefore, set aside the impugned judgment dated 29th May, 2023 and restore FAO (OS) (COMM) No.31/2023 to its original number before the Division Bench of the High Court of Delhi. The 3 restored Appeal shall be listed before the roster Bench on 10th January, 2025 for fixing a date for hearing. Both the parties who are represented today shall appear before the roster Bench on that day and no further notice will be served upon them.
A copy of this order shall be forwarded by the Registry of this Court to the Registrar (Judicial) of the High Court of Delhi who shall ensure that the restored Appeal is listed on 10th January, 2025.
All questions are left open to be decided in the appeal.
The Appeal is, accordingly, allowed.” Pending applications stand disposed of accordingly.
(ASHISH KONDLE) (ANU BHALLA) COURT MASTER (SH) COURT MASTER (NSH)
[THE SIGNED ORDER IS PLACED ON THE FILE] 4