Supreme Court - Daily Orders
Lifestyle Equities Cv (Le Cv)) vs Qdseatoman Designs Pvt. Ltd.(Qsd) on 13 February, 2018
Bench: Rohinton Fali Nariman, Navin Sinha
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL/APPELLATE JURISDICTION
ARBITRATION PETITION NO. 35 OF 2017
LIFESTYLE EQUITIES CV (LE CV) Petitioner(s)
Versus
QDSEATOMAN DESIGNS PVT. LTD. (QSD) AND ORS. Respondent(s)
WITH
SLP(C) NOS. 32569 OF 2017 AND 36311 OF 2017
O R D E R
Heard learned counsel for the parties. The present dispute arises out of an Agreement dated 30.06.2014.The Arbitration Clause contained in the aforesaid Agreement reads as follows:
“Any dispute arising out of or in connection with this Agreement shall first be resolved mutually by the parties through negotiations. If the parties are not able to settle the same through negotiations, each party may appoint an arbitrator and such appointed arbitrators shall appoint a third arbitrator for arbitration. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Chennai, Signature Not Verified Digitally signed by SHASHI SAREEN India and the language of Arbitration shall be in Date: 2018.02.15 16:46:08 IST Reason: English.” It is agreed between the parties that a reference may be made 2 to a sole Arbitrator. Considering the fact that the place of arbitration is Chennai, we appoint Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla, retired Judge of this Court to resolve all disputes between the parties. It is open for both the parties to take up all pleas, including those of maintainability. It will be equally open for both the parties to apply for interim relief under Section 17 of the Arbitration and Conciliation Act, 1996 before the learned Arbitrator. The observations of the High Court in its judgment dated 13.10.2017 should not be construed in any manner as restricting any relief that the respondent may pray for before the learned Arbitrator.
The arbitration petition and the special leave petitions are, accordingly, disposed of.
....................J. (ROHINTON FALI NARIMAN) .....................J. (NAVIN SINHA) New Delhi, Dated: 13th February, 2018.
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ITEM NO.14 COURT NO.12 SECTION XVI -A
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 Arbitration (Civil) No(s). 35/2017
LIFESTYLE EQUITIES CV (LE CV)) Petitioner(s)
VERSUS
QDSEATOMAN DESIGNS PVT. LTD.(QSD) & ORS. Respondent(s)
(FOR ADMISSION)
WITH
SLP(C) No. 32569/2017 (XII)
(FOR ADMISSION and I.R. and IA No.126446/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 36311/2017 (XII) (FOR ADMISSION and I.R. and IA No.139598/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 13-02-2018 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Gaurav Pachnanda, Sr. Adv.
Mr. Mohit Goel, Adv.
Mr. Sidhant Goel, Adv.
Mr. Bhardwaj J.Shankar, Adv. Mr. P.B.V.Srikar, Adv. Ms. Shivangi Vaid, Adv. Mr. D. Mahesh Babu, AOR Mr. C.U.Singh, Sr. Adv. Mr. Rohan Thawani, adv. Mr. Hardeep Singh Anand, Adv. Ms. Vandana Sehgal, AOR Mr. Anand Daga, Adv.
Ms. Gunjan Ahuja, adv.
Mr. Zal Andhyarujina, Adv.
For Respondent(s) Ms. Vandana Sehgal, Adv.
Mr. Gaurav Pachnanda, Sr. Adv. Mr. Mohit Goel, Adv.
Mr. Sidhant Goel, Adv.
Mr. Bhardwaj J.Shankar, Adv.4
Mr. P.B.V.Srikar, Adv. Mr. Suvidutt M.s., AOR UPON hearing the counsel the Court made the following O R D E R The Arbitration Petition and the special leave petitions are disposed of in terms of the signed order.
Pending applications, if any, shall stand disposed of.
(SHASHI SAREEN) (SAROJ KUMARI GAUR) AR CUM PS BRANCH OFFICER
(Signed order is placed on the file)