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[Cites 3, Cited by 0]

Supreme Court - Daily Orders

Deccan Chronicle Holdings Ltd. vs Tata Capital Financial Services Ltd. on 3 January, 2014

8
ITEM NOS. 30 + 61              COURT NO.2               SECTION IX

              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 (Civil) No(s).37882/2013

(From the judgement and order dated 08/08/2013 in AN No.131/2013
 in AP No.1321/2012 of The HIGH COURT OF BOMBAY)

DECCAN CHRONICLE HOLDINGS LTD. & ANR.                  Petitioner(s)

                   VERSUS

TATA CAPITAL FINANCIAL SERVICES LTD.                   Respondent(s)

(With appln(s) for exemption from filing c/c of the         impugned   Judgment   and
prayer for interim relief and office report ))

WITH

S.L.P. (Civil) No. 37276 of 2013
(with appln.(s) for exemption from filing C/C of the impugned          judgment   and
with prayer for interim relief)

Date: 03/01/2014    These Petitions were called on for hearing today.

CORAM :
          HON’BLE MR. JUSTICE R.M. LODHA
          HON’BLE MR. JUSTICE SHIVA KIRTI SINGH

For Petitioner(s)          Mr. Shanti Bhushan, Sr. Adv.
                           Mr. Girish Pandya, Adv.
                           Mr. Nitish Massey, Adv.
                           Mr. Sanjeev K. Kapoor, Adv. for
                        M/S. Khaitan & Co.

For Respondent(s)
SLP 37882/2013              Mr.   Shyam Divan, Sr. Adv.
                            Mr.   Santosh Paul, Adv.
                            Mr.   Ashok Paranjpayee, Adv.
                            Ms.   Leena Desai, Adv.
                            Mr.   Arvind Gupta, Adv.
                            Ms.   Arti Singh, Adv.


SLP 37276/2013              Mr.   Dushyant Dave, Sr. Adv.
                            Mr.   Bharat Sangal, Adv.
                            Ms.   Sanaya Dadachangi, Adv.
                            Ms.   Srijana Lama, Adv.
                            Ms.   S. Agarwal, Adv.
                            Ms.   Abenla Ais, Adv.
                            Mr.   M. Yogesh Kanna, Adv.



             UPON hearing counsel the Court made the following
                                 O R D E R

S.L.P. (Civil) No. 37276 of 2013 We are informed that award has already been passed and a petition has been filed by the petitioners under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award.

In view thereof, we are satisfied that this is not a fit case for invocation of our jurisdiction under Article 136 of the Constitution of India.

Special leave petition is dismissed.

S.L.P. (Civil) No. 37882 of 2013 We have heard Mr. Shanti Bhushan, learned senior counsel for the petitioners.

Special leave petition is dismissed.

Needless to say that the application made by the petitioners under Section 17 of the Arbitration and Conciliation Act, 1996 shall be decided by the arbitrator on its own merits uninfluenced by the impugned order in any manner whatsoever.

It is further clarified that if the petitioners raise any issue about arbitrability of the dispute, such objection will be considered and decided by the arbitrator in accordance with law uninfluenced by the impugned order.

|(Rajesh Dham)                          | |(Renu Diwan)                        |
|Court Master                           | |Court Master                        |