Supreme Court - Daily Orders
Ms Mittal Pigments Pvt. Ltd. vs M/S Gail Gas Limited on 22 November, 2022
Bench: M.R. Shah, M.M. Sundresh
ITEM NO.1 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). 20251/2021
(Arising out of impugned final judgment and order dated 14-12-2020
in IA No. 9551/2020 in OMP (Comm) No. 509/2020 passed by the High
Court Of Delhi At New Delhi)
MS MITTAL PIGMENTS PVT. LTD. Petitioner(s)
VERSUS
M/S GAIL GAS LIMITED Respondent(s)
[ IA No. 160606/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No. 160605/2021 - EXEMPTION FROM FILING O.T. and
IA No. 17727/2022 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES and IA No. 163163/2021 - PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 22-11-2022 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s) Mr. Arnav Kumar, Adv.
Mr. Rajat Mittal, AOR
For Respondent(s) Mr. Deepayan Mandal, AOR
Mr. Naman Varma, Adv.
Mr. Mridul Bansal, Adv.
UPON hearing the counsel the Court made the following
O R D E R
This petition has been filed against the impugned interim order dated 14.12.2020 passed by the High Court of Delhi at New Delhi in OMP (Comm) No. 509/2020, by which subject to the petitioner’s depositing the awarded amount with up-to-date interest with the Registrar General of the High Court within a period of six weeks, the operation of the award passed by the learned Arbitrator Signature Not Verified Digitally signed by ARJUN BISHT Date: 2022.11.24 has been stayed and the original applicant before the High Court in 17:02:21 IST Reason:
a proceeding under Section 34 of the Arbitration and Conciliation 1 Act, 1996 has come up in this special leave petition.
In response to the notice issued by this Court, the award creditor has appeared and filed the counter affidavit/short affidavit, in which, it is stated in paragraph 8 that since Section 34 proceeding before the High Court is on the cusp of completion, the respondent gives an undertaking that, without prejudice to its contentions before the High Court, it would not be initiating any proceeding under Section 36 of the Arbitration Act, to enforce the arbitral award dated 21.10.2019 passed by the Sole Arbitrator, in its favour, till OMP (Comm) No. 509/2020 pending before the High Court, is disposed of.
In that view of the matter and the undertaking given on behalf of the respondent recorded in the affidavit dated 17.11.2022 referred to hereinabove, we dispose of the present special leave petition by directing the award creditor to act accordingly. However, it is observed that the High Court shall decide and dispose of Section 34 proceeding absolutely in accordance with law and on its own merits and without, in any manner, being influenced by the present interim arrangement.
We request the High Court to decide and dispose of Section 34 proceeding at the earliest; preferably within a period of six months from today. It is reported that the next date of hearing before the High Court is 23.05.2023. We request the High Court to prepone the date of hearing and see to it that Section 34 proceedings are decided and disposed of at the earliest preferably within the stipulated time stated above. All concerned are directed to co-operate with the High Court in disposal of Section 2 34 proceedings and more particularly within the time stipulated hereinabove.
With the above observations, the present special leave petition stands disposed of.
All pending applications also stand disposed of.
(MEENAKSHI KOHLI) (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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