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The State Of Madhya Pradesh vs M/S Sew Construction Limited on 9 January, 2020

Bench: R. Banumathi, A.S. Bopanna

                                                             1

     ITEM NO.8                                     COURT NO.4                 SECTION IV-A

                                     S U P R E M E C O U R T O F           I N D I A
                                             RECORD OF PROCEEDINGS

                          SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 40709/2019

     (Arising out of impugned final judgment and order dated 03-05-2019
     in ARBITRATION REVISION No. 4/2009 passed by the High Court Of
     Madhya Pradesh At Gwalior)

     THE STATE OF MADHYA PRADESH                                                   Petitioner(s)

                                                            VERSUS

     M/S SEW CONSTRUCTION LIMITED & ORS.                                           Respondent(s)

     (FOR ADMISSION and Interim Relief and
     IA No.194664/2019-CONDONATION OF DELAY IN FILING and
     IA No.194666/2019-EXEMPTION FROM FILING O.T. and
     IA No.194665/2019-CONDON.OF DELAY IN REFILING/CURING THE DEFECTS)

     Date : 09-01-2020 This petition was called on for hearing today.

     CORAM :
                              HON'BLE MRS. JUSTICE R. BANUMATHI
                              HON'BLE MR. JUSTICE A.S. BOPANNA

     For Petitioner(s)                       Ms. June Choudhary,Sr.Adv.
                                             Mr. Harsh Parashar, AOR
                                             Mr. Chanakya Sharma,Adv.

     For Respondent(s)                       Mr.   Shyam Divan,Sr.Adv.
                                             Mr.   Purushaindra Kaurav,Sr.Adv.
                                             Mr.   D. Bharat Kumar,Adv.
                                             Mr.   Tadimalla Baskar Gowtham,Adv.
                                             Mr.   Aman Shukla,Adv.
                                             Mr.   Sandeep Singh, AOR
                                             Ms.   Anuradha Mishra,Adv.
                                             Mr.   Bhaskaran,Adv.

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

Delay condoned.

We have heard Ms. June Choudhary, learned senior counsel Digitally signed by MAHABIR SINGH Date: 2020.01.09 appearing for the petitioner-State. 17:30:27 IST Reason:

We have also heard learned senior counsel, Mr. Shyam Divan and Mr. Purushaindra Kaurav, appearing for the first respondent-M/s.  2 Sew Construction Ltd. who is on caveat, who have submitted that the first respondent-contractor has already withdrawn the Award amount of Rs.5,31,00,000/- (Rupees Five Crore Thirty One Lakh) deposited before the High Court by the petitioner-State of Madhya Pradesh and the amount payable is only the interest thereon.

Ms. June Choudhary, learned senior counsel appearing for the petitioner-State, has submitted that there are substantial issues to be considered in the special leave petition. Having regard to the submissions made at the Bar, issue notice.

Mr. Sandeep Singh, Advocate, accepts notice on behalf of the first respondent-caveator. Notice is waived by the first respondent.

Notice shall issue to the remaining respondents. List the matter after eight weeks on a non-miscellaneous day. In the meanwhile no coercive steps shall be taken by the first respondent (MAHABIR SINGH) (BEENA JOLLY) COURT MASTER BRANCH OFFICER