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Supreme Court - Daily Orders

Elcome Technology Pvt Ltd vs Bharat Electronics Limited on 7 April, 2017

Author: Chief Justice

Bench: Chief Justice, D.Y. Chandrachud, Sanjay Kishan Kaul

                             IN THE SUPREME COURT OF INDIA

                                   ORIGINAL JURISDICTION

                             ARBITRATION CASE (C) NO.61/2016


     Elcome Technology Pvt. Ltd. and another                   ..Petitioner

                                   versus

     Bharat Electronics Limited                                ..Respondent


                                        O R D E R

1. Learned counsel for the respondent does not dispute the arbitration clause. He however disputes the arbitrability of the claim raised by the petitioners.

2. In the above view of the matter, we consider it just and appropriate to appoint Hon'ble Mr. Justice Devinder Gupta, former Chief Justice of the Andhra Pradesh High Court, as the arbitrator. Needless to mention, that the provisions of Section 12 of the Arbitration and Conciliation Act, 1996 shall be complied with before the arbitrator enters reference.

3. Disposed of in the above terms.

…....................CJI [JAGDISH SINGH KHEHAR] ….....................J. [Dr. D.Y. CHANDRACHUD] NEW DELHI; ….....................J. APRIL 07, 2017.

Signature Not Verified
                                                         [SANJAY KISHAN KAUL]
Digitally signed by
PARVEEN KUMAR
Date: 2017.04.10
18:36:56 IST
Reason:
ITEM NO.1                  COURT NO.1                 SECTION XVIA

                 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).    61/2016

ELCOME TECHNOLOGY PVT LTD AND ANR                     Petitioner(s)

                                  VERSUS

BHARAT ELECTRONICS LIMITED                         Respondent(s)

(with appln. (s) for exemption from filing c/c of the memorandum of understanding dated 29.04.2008 and definitive agreement dated 11.09.2008 and office report) Date : 07/04/2017 This petition was called on for hearing today. CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Aayush Agarwala, Adv.
for Mr. Pramod B. Agarwala,AOR For Respondent(s) Mr. Gaurav Kejriwal, Adv.
Mr. Sujit Keshri, Adv.
UPON hearing the counsel the Court made the following O R D E R The arbitration case no. 61/2016 stands disposed of, in terms of the signed order.
(Renuka Sadana) (Parveen Kumar) Assistant Registrar AR-cum-PS [signed order is placed on the file]