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M/S Janardhan Nirman Pvt. Ltd. vs Quippo Construction Equipment Ltd. on 6 October, 2017

Bench: Adarsh Kumar Goel, Uday Umesh Lalit

     ITEM NO.16                               COURT NO.8                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).25279-25280/2017

     (Arising out of impugned final judgment and order dated 28-03-2017
     in CO No. 1320/2016 28-03-2017 in CO No. 1322/2016 passed by the
     High Court At Calcutta)

     M/S JANARDHAN NIRMAN PVT. LTD.                                      Petitioner(s)
                                                     VERSUS

     QUIPPO CONSTRUCTION EQUIPMENT LTD. & ORS.                           Respondent(s)

     (With Interim Relief and IA No.80008/2017-CONDONATION OF DELAY IN
     REFILING and IA No.96937/2017-PERMISSION TO FILE ADDITIONAL
     DOCUMENTS)

     Date : 06-10-2017 These petitions 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.   Rohan Thawani,Adv.
                                       Mr.   Abir Phukan,Adv.
                                       Mr.   V. Shyamohan, AOR
                                       Mr.   Surya Prakash,Adv.
                                       Mr.   Pushkar Prehar,Adv.

     For Respondent(s)                 Mr.   Abhimanyu Bhandari,Adv.
                                       Mr.   Paras Anand,Adv.
                                       Ms.   Kavtika Sharma,Adv.
                                       Mr.   Naveen Kumar, AOR

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

Heard.

Delay condoned.

We do not see any ground to interfere with the impugned order. We however observe that it is open to the petitioner to raise the plea of genuineness of the arbitration agreement in proceedings under Section 34 of Arbitration and Conciliation Act, 1996. In determining the said question, the court may not be influenced by any observation in the impugned order.

The special leave petitions are accordingly disposed of.

Reason: Pending applications, if any, shall also stand disposed of.

     (MAHABIR SINGH)                                               (SNEH LATA SHARMA)
      COURT MASTER                                                   COURT MASTER