Supreme Court - Daily Orders
Bharat Vanijya Eastern Pvt Ltd vs The State Of West Bengal on 22 August, 2019
Bench: Abhay Manohar Sapre, R. Subhash Reddy
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6616 OF 2019
(Arising out of S.L.P.(Civil) No.5672 of 2019)
BHARAT VANIJYA EASTERN PVT. LTD. ... APPELLANT(S)
VS.
STATE OF WEST BENGAL ... RESPONDENT(S)
O R D E R
Heard learned senior counsel for the parties. Leave granted.
In our opinion, the following observation in the impugned order appears to be uncalled for while considering the stay application:
“However, a prima facie view had been expressed in course of the protracted hearing that the award may not pass muster since it appeared to be copied from the notes of argument submitted by the award-holder without there being any application of mind evident on the part of the arbitrator.” The aforesaid observation is accordingly set aside. Since a sum to the extent of Rs.17,00,00,000/- (Rupees seventeen crores) has already been deposited by the respondent and the same has also been withdrawn by the appellant, as also the sum so far not deposited in terms of award under challenge in appeal, the appropriate order Signature Not Verified Digitally signed bybe passed at the time of final disposal of the appeal ANITA MALHOTRA Date: 2019.08.27 16:45:12 IST Reason: depending upon its final outcome. 1 The High Court is requested to decide the appeal strictly in accordance with law without being influenced by any observations made in the impugned order including the one quoted above which stands set aside.
We, however, request the High Court to decide the appeal out of which this civil appeal arises on merits preferably within a period of six months from today, if possible.
With these observations/directions, the appeal is disposed of.
......................J. [ABHAY MANOHAR SAPRE] ......................J. [R.SUBHASH REDDY] New Delhi;
August 22, 2019.
2
ITEM NO.7 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(s) for Special Leave to Appeal (C) No(s). 5672/2019 (Arising out of impugned final judgment and order dated 05-12-2018 in GA No. 3268/2018 passed by the High Court at Calcutta) BHARAT VANIJYA EASTERN PVT LTD Petitioner(s) VERSUS STATE OF WEST BENGAL Respondent(s) (FOR ADMISSION and I.R.) Date : 22-08-2019 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE R. SUBHASH REDDY For Petitioner(s) Mr. K.V.Vishwanathan,Sr.Adv.
Mr. Sarajit Mitra,Adv.
Ms. Nandini Sen Mukherjee, AOR Mr. R.Venkataraman,Adv.
For Respondent(s) Mr. Anand Grover,Sr.Adv.
Mr. Suhaan Mukerji,Adv.
Ms. Astha Sharma,Adv.
Mr. Abhishek Manchanda,Adv. Ms. Kajal Dalal,Adv.
Ms. Dimple Nagpal,Adv.
Mr. Naveen Kumar,Adv.
For M/S. Plr Chambers and Co., AOR UPON hearing the counsel the Court made the following O R D E R Heard learned senior counsel for the parties. Leave granted.
The appeal is disposed of in terms of the signed order.
Pending application, if any, shall also stand disposed of.
(ANITA MALHOTRA) (NISHA TRIPATHI)
COURT MASTER COURT MASTER
(Signed order is placed on the file.) 3