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Supreme Court - Daily Orders

Damodar Valley Corporation vs Reliance Infrastructure Ltd. on 31 May, 2022

Bench: B.R. Gavai, Hima Kohli

     ITEM NO.1                              COURT NO.5                 SECTION XVI

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

     Miscellaneous Application Nos.922-923/2022
     in SLP(C) Nos. 7082-7083/2022


     DAMODAR VALLEY CORPORATION                                          Petitioner(s)

                                                    VERSUS

     RELIANCE INFRASTRUCTURE LTD.                                        Respondent(s)

     (FOR ADMISSION and IA No.77777/2022-EXTENSION OF TIME)

     Date : 31-05-2022 These matters were called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE B.R. GAVAI
                           HON'BLE MS. JUSTICE HIMA KOHLI
                                       (VACATION BENCH)

     For Petitioner(s)               Mr.    Krishnan Venugopal,Sr.Adv.
                                     Mr.    Amit Meharia,Adv.
                                     Ms.    Tannishtha Singh,Adv.
                                     Mr.    Abinash Agarwal,Adv.
                                     Ms.    Neha Maniktala,Adv.
                                     Ms.    Paramita Banerjee,Adv.
                                     For    M/S. Meharia & Company, AOR

     For Respondent(s)               Mr.    Kapil Sibbal,Sr.Adv.
                                     Mr.    Mahesh Agarwal,Adv.
                                     Ms.    Aanchal Mullick,Adv.
                                     Mr.    Yojit Mehra,Adv.
                                     Ms.    Anusha,Adv.
                                     Mr.    Aparajita Jamwal,Adv.
                                     Mr.    E. C. Agrawala, AOR

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

IA No.77777/2022 has been filed seeking extension of time by eight weeks in addition to the time granted by this Court vide order dated 25th April, 2022. Signature Not Verified Digitally signed by Anita Malhotra Date: 2022.06.01

Mr. Krishnan Venugopal, learned senior counsel 15:55:46 IST Reason: appearing on behalf of the applicant/petitioner submits 1 that the applicant-Corporation is facing a financial crunch and the Corporation owes huge amounts from the State of Jharkhand. Therefore, in the aforesaid circumstances, the present application has been moved seeking extension of time.

The application is vehemently opposed by Mr. Kapil Sibbal, learned senior counsel for the respondent. He submits that this is an attempt not to deposit the amount in question and in the meantime get the application under Section 34 of the Arbitration and Conciliation Act, 1996 decided by the High Court.

On considering the grounds raised in the application, we are inclined to grant extension of time. However, to safeguard the interest of the respondent, we direct that the Managing Director of the applicant- Corporation to file an undertaking in this Court within one week from today on an affidavit stating therein that the amount, as directed by this Court by order dated 25th April, 2022, would be deposited by the applicant- Corporation with the Registrar, High Court at Calcutta within eight weeks from today.

Application for extension of time is accordingly allowed.

Miscellaneous Applications are disposed of.

(ANITA MALHOTRA)                                              (RANJANA SHAILEY)
   AR-CUM-PS                                                    COURT MASTER


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