Supreme Court - Daily Orders
Poddar Projects Limited vs Magic Deal India Private Limited on 20 February, 2015
Bench: Dipak Misra, Prafulla C. Pant
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. OF 2015
(Arising out of SLP (C) Nos............ of 2015 CC-1459-1460)
PODDAR PROJECTS LIMITED Appellant(s)
VERSUS
MAGIC DEAL INDIA PRIVATE LIMITED Respondent(s)
O R D E R
Leave granted.
Heard Mr. Vivek Tankha, learned senior counsel along with Mr. Prateek Jalan, learned counsel for the appellant and Mr. Hiren Dasan, learned counsel for the respondent, who has entered appearance for the respondent.
Mr. Dasan, learned counsel for the respondent, submitted that there is no necessity to refer the matter to arbitration and the suit filed by the appellant-plaintiff should continue.
Mr. Tankha, learned senior counsel for the appellant, very fairly conceded to the said position by stating that he has no objection if the suit continues and is disposed of on merits.
Be Signature Not Verified it noted, it was the respondent who had filed an Digitally signed by application under Section 8 of the Arbitration and Conciliation Gulshan Kumar Arora Date: 2015.02.25 17:05:43 IST Reason:
Act, 1996 seeking for arbitration relying on the arbitration clause in the agreement. The matter had travelled to the High 2 Court on the ground that the agreement was not stamped and registered. Being of this view, the High Court had directed the present appellant to pay the impounded stamp duty and penalty and subject to that condition, it appointed an arbitrator. As the learned counsel for the parties have agreed that they have no intention to go for arbitration, the order passed by the High Court is set aside. The suit shall proceed in accordance with law. Learned counsel for the respondent, as undertaken, shall file the written statement in the suit within six weeks hence and thereafter the learned Single Judge shall proceed with the suit.
The appeals are disposed of accordingly. There shall be no order as to costs.
................,J.
(Dipak Misra) ................,J.
(Prafulla C. Pant) New Delhi;
February 20, 2015.
ITEM NO.19 COURT NO.6 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) Nos...... CC 1459-1460/15 (Arising out of judgment and order dated 27.08.2014 passed by the High Court of Calcutta in G.A. No.2704 of 2014 with C.S. No.222 of 2014) PODDAR PROJECTS LIMITED Appellant(s) VERSUS MAGIC DEAL INDIA PRIVATE LIMITED Respondent(s) (with appln. (s) for c/delay in filing SLP) Date : 20/02/2015 These appeals were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Appellant(s) Mr. Vivek Tankha, Sr. Adv.
Mr. Prateek Jalan, Adv.
Mr. Siddharth hatnagar, Adv. Ms. Sonia Dube, Adv.
Mr. Shetandru Chakraborty, Adv. Ms. Ankita Gupta, Adv.
M/s. Legal Options,Adv.
For Respondent(s) Mr. Hiren Dasan, Adv.
Mr. Nirmalya Das Gupta, Adv. Mr. Harish Dasan, Adv.
Mr. Avinash Singh, Adv.
Mrs Sarla Chandra,Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeals are disposed of in terms of the signed order.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)