Supreme Court - Daily Orders
Gemini Communication Ltd. vs C.G.M.,Southern Telecom Projects, ... on 17 April, 2014
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ITEM NO.40 Court No.6 SECTION XII
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 (Civil) No(s).4278-4279/2013
(From the judgement and order dated 19/12/2012 in OSA
No.393/2012,OSA No.394/2012 of The HIGH COURT OF MADRAS)
GEMINI COMMUNICATION LTD. Petitioner(s)
VERSUS
C.G.M.,SOUTHERN TELECOM PROJECTS, BSNL Respondent(s)
(With appln(s) for permission to place addl. documents on record and
prayer for interim relief and office report ))
Date: 17/04/2014 These Petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE T.S. THAKUR
HON’BLE MR. JUSTICE C. NAGAPPAN
For Petitioner(s) Ms. Shalini, Adv.
Mr. Govind Manoharan, Adv.
Ms. Shruti Iter, Adv.
Mr.Senthil Jagadeesan,Adv.
For Respondent(s) Mr. P.K.Bansal, Adv.
Mr. Pankaj Kumar Singh, Adv.
Mr. Raj Singh Rana,Adv.
UPON hearing counsel the Court made the following
O R D E R
Learned counsel for the petitioner-company submits on instructions that the petitioner is ready and willing to request the respondent-Bharat Sanchar Nigam Ltd. for appointment of an Arbitrator for adjudication of the disputes that have arisen between the parties. Learned counsel for the respondent submits that no such request has 2 so far been made by the petitioner, but in case a request is indeed received from the petitioner, the respondent shall examine the same and take appropriate action in the matter in terms of the provisions of the Agreement. In the circumstances, we direct that in case a request for appointment of an Arbitrator is made, the competent authority shall examine the same and pass appropriate orders in accordance with law. A copy of the order passed by the competent authority shall then be filed before this Court on the next date of hearing.
Learned counsel for the respondent urged that the prayer for appointment of an Arbitrator must be proceeded by withdrawal of the suit filed by the petitioner. Learned counsel for the petitioner, however, submits that the prayer for appointment of an Arbitrator will contain a specific undertaking to the effect that the suit shall be withdrawn no sooner the Arbitrator is appointed.
Post on 30.07.2014.
(Shashi Sareen) (Sneh Lata Sharma)
Court Master Court Master