Supreme Court - Daily Orders
M/S Snc Power Corporation(P) Ltd ... vs M/S Bharat Heavy Electricals Ltd. ... on 21 November, 2017
Bench: J. Chelameswar, Sanjay Kishan Kaul
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).19490/2017
(Arising out of Special Leave Petition (C) No(s). 12904/2013)
M/S SNC POWER CORPORATION(P) LTD APPELLANT(s)
VERSUS
M/S BHARAT HEAVY ELECTRICALS LTD. RESPONDENT(s)
O R D E R
Leave granted.
We have heard learned counsel for the parties. This appeal is directed against the order and judgment dated 18.01.2013 declining the request of the appellant for the appointment of an Arbitrator under Section 11(6)(a) of the Arbitration & Conciliation Act, 1996.
The learned counsel for the parties cannot really state to the contrary that the impugned order is passed on a reasoning of an award, which has been set aside by the High Court though an appeal against that order is pending. The learned Single Judge has considered the merits of the controversy rather than issue of appointment Signature Not Verified of an Arbitrator, when undisputedly there is an Digitally signed by ASHWANI KUMAR Date: 2017.11.23 arbitration clause.
16:55:22 IST Reason:
The impugned order is set aside by consent of the parties.2
Once again by the consent of the parties, we appoint Hon'ble Mr. Justice A.K. Patnaik, former Judge of this Court as the Sole Arbitrator to adjudicate the disputes between the parties in terms of the Arbitration and Conciliation Act, 1996. Learned Arbitrator shall be at liberty to fix the remuneration in consultation with the parties.
The appeal is disposed of accordingly.
......................J. [J. CHELAMESWAR] ......................J. [SANJAY KISHAN KAUL] NEW DELHI;
NOVEMBER 21, 2017.
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ITEM NO.19 COURT NO.2 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 (C) No(s). 12904/2013 (Arising out of impugned final judgment and order dated 18-01-2013 in OP No. 749/2007 passed by the High Court Of Judicature At Madras) M/S SNC POWER CORPORATION(P) LTD CHAIRMAN Petitioner(s) VERSUS M/S BHARAT HEAVY ELECTRICALS LTD. Respondent(s) (LIST THE MATTER AFTER TWO WEEKS AS ON 20.04.2017. and IA No.91724/2017-EARLY HEARING APPLICATION) Date : 21-11-2017 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Gaurav Agrawal, AOR For Respondent(s) Mr. Parag P. Tripathy, Sr. Adv.
Mr. Atul Shankar Mathur, Adv.
Ms. Priya Singh, Adv.
Ms. Sweta Singh, Adv.
Mr. Kunal Bahri, Adv.
M/S. Khaitan & Co., AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
Pending application(s), if any, stands disposed of accordingly.
(ASHWANI KUMAR) (RAJINDER KAUR) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file)