Supreme Court - Daily Orders
The Great Eastern Shipping Co. Ltd. vs The New India Assurance Co. Ltd. on 11 July, 2017
Bench: Rohinton Fali Nariman, Sanjay Kishan Kaul
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7532 OF 2008
The Great Eastern Shipping Co. Ltd. .. Appellant(s)
Versus
The New India Assurance Co. Ltd. .. Respondent(s)
O R D E R
No one appears even on second call. Having regard to the fact that the impugned judgment is dated 14th June, 2006, we have perused the papers and, therefore, proceed to decide the matter on merits.
The impugned judgment of 14th June, 2006 is a judgment of reversal, in that the learned Single Judge had by a judgment dated 10th July, 1996 referred the matter to an Arbitrator. By the impugned judgment, it was held that the subject matter of the arbitration had already been decided in a suit which was filed by the Vishakhapatnam Port Trust against the petitioners (owners) of the wreck, the insurance company and the subsequent purchaser of the wreck. This comprehensive suit had already been decided on 8th December, 1989 and it Signature Not Verified Digitally signed by USHA RANI BHARDWAJ Date: 2017.07.15 is stated in the impugned judgment that at that point of 12:33:39 IST Reason: time an appeal from the trial court's judgment was pending. In this view of the matter, we see no reason to 2 interfere. The parties will abide by whatever ultimately happens in the comprehensive suit filed by the Vishakhapatnam Port Trust.
The appeal is consequenly dismissed.
....................J. [ROHINTON FALI NARIMAN] ...................J. [SANJAY KISHAN KAUL] NEW DELHI, JULY 11, 2017.
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ITEM NO.107 COURT NO.12 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 7532/2008 THE GREAT EASTERN SHIPPING CO. LTD. Appellant(s) VERSUS THE NEW INDIA ASSURANCE CO. LTD. Respondent(s) Date : 11-07-2017 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Appellant(s) Mr.R. K. Khanna, AOR(NP) For Respondent(s) Mr Kailash Chand, AOR UPON perusing papers the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
(USHA RANI BHARDWAJ) (MADHU NARULA)
AR CUM PS BRANCH OFFICER
Signed order is placed on the file.
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ITEM NO.8 COURT NO.13 SECTION XI
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). 7536/2011
(Arising out of impugned final judgment and order dated 28-05-2010 in WC No. 40663/2006 passed by the High Court Of Judicature At Allahabad) ALLAHABAD DEVT.AUTH. & ANR. Petitioner(s) VERSUS PANKAJ SHUKLA & ANR. Respondent(s) Date : 10-07-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr.Rakesh Uttamchandra Upadhyay, AOR Ms.Aarti Upadhyay, Adv.
Mr. Amar Deep Sharma, Adv.
For Respondent(s) Mr. S.R. Singh, Sr.Adv.
Mr. Ardhendumauli Kumar Prasad, Adv. Mr. Aishwarya Pathak, Adv.
Mr. Chandra Shekhar, Adv. Mr. Pankaj Shukla, Adv.
Mr.Sanjay Kumar Tyagi, AOR 5 Mr.Abhisth Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(USHA RANI BHARDWAJ) (SAROJ KUMARI GAUR) AR-CUM-PS BRANCH OFFIER
Signed order is placed on the file.