Supreme Court - Daily Orders
Cox And Kings Ltd. vs Sap India Pvt. Ltd. on 6 May, 2022
ITEM NO.1502 COURT NO.1 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Arbitration Petition (Civil) No. 38/2020
COX AND KINGS LTD. Petitioner(s)
VERSUS
SAP INDIA PVT. LTD. & ANR. Respondent(s)
(IA No.113405/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 85109/2021 - EXEMPTION FROM FILING O.T.) Date : 06-05-2022 This matter was called on for hearing today.
For Petitioner(s) Mr. Divyakant Lahoti, AOR
Mr. Parikshit Ahuja, Adv.
Mr. Praveena Bisht, Adv.
Ms. Madhur Jhavar, Adv.
Ms. Vindhya Mehra, Adv.
Mr. Kartik Lahoti, Adv.
Mr. Rahul Maheshwari, Adv.
Ms. Shivangi Malhotra, Adv.
Mr. Navdeep Dahiya, Adv.
For Respondent(s) Mr. Farhad Sorabjee, Adv.
Mr. Pratik Pawar, Adv.
Mr. Kumar Kislay, Adv.
Ms. Shanaya Cyrus Irani, Adv.
Mr. Sidhesh Pradhan, Adv.
Mr. Dheeraj Nair, AOR
Hon’ble the Chief Justice of India has pronounced the Reportable Judgment of the Bench comprising His Lordship, Hon’ble Mr.Justice Surya Kant and Hon’ble Mr. Justice A.S. Bopanna. Hon’ble Mr. Justice Surya Kant has pronounced a separate Reportable Judgment.
Hon’ble the Chief Justice of India and Hon’ble Mr. Signature Not Verified Justice A.S. Bopanna have doubted the correctness of earlier Digitally signed by Rajni Mukhi Date: 2022.05.07 14:26:05 IST Reason: ...2/-
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three Judge Bench decision in “Chloro Controls India Private Limited Vs. Severn Trent Water Purification Inc. & Anr.” (2013) 1 SCC 641 and have referred the matter to a larger Bench for determination of the questions formulated in paragraph 50 of the Judgment.
On the other hand, Hon’ble Mr. Justice Surya Kant has held that the view taken by the three Judge Bench in the decisions of “Chloro Controls India Private Limited Vs. Severn Trent Water Purification Inc. & Anr.” and “Cheran Properties Ltd. Vs. Kasturi and Sons Ltd. & Ors.” (2018) 16 SCC 413 is correct in law. However, His Lordship has concurred with the view that the matter be referred to a larger Bench for determination of the substantial questions of law as formulated in paragraph 48 of His Lordship’s judgment.
The Registry is directed to place the paper of the present petition before Hon’ble the Chief Justice of India on the administrative side for constituting a Bench of five judges.
(RAJNI MUKHI) (ANJU KAPOOR)
COURT MASTER (SH) COURT MASTER (NSH)
(Two signed Reportable Judgments are placed on the file)