Supreme Court - Daily Orders
M/S Bestpay Solutions Private Limited vs M/S Razorpay Software Private Limited on 18 April, 2023
Bench: M.M. Sundresh, Bela M. Trivedi
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023
(arising out of SLP(C) No. 1520 of 2023)
M/S BESTPAY SOLUTIONS PRIVATE LIMITED APPELLANT(S)
VERSUS
M/S RAZORPAY SOFTWARE PRIVATE LIMITED RESPONDENT(S)
O R D E R
Heard learned counsel for the parties. Leave granted.
By the impugned judgment and order dated 06.07.2022, the application filed by the appellant was rejected on the ground that the ICICI Bank has not been arrayed as a party. The aforesaid decision of the High Court, in our view, is erroneous. Admittedly, there is an arbitration agreement between the appellant and the respondent, which does not include the ICICI Bank. It is pertinent to note that appellant had opened a bank account with ICICI Bank and written terms and conditions were executed. The Respondent is not a party to these terms and conditions and neither does it contain any arbitration clause. We do not wish to say anything more except setting aside the impugned judgment and order. Signature Not Verified We request the Coordinator, Arbitration & Conciliation Digitally signed by BABITA PANDEY Date: 2023.04.20 Centre-Bengaluru (Domestic and International) under the High Court 16:48:41 IST Reason: of Karnataka to appoint an Arbitrator. We make it clear that all the contentions including the question of jurisdiction, are left 2 open to be decided by the learned Arbitrator.
The appeal is allowed in the aforesaid terms. Pending application(s), if any, shall stand disposed of.
..................J. (M.M. SUNDRESH) ..................J. (BELA M. TRIVEDI) NEW DELHI;
APRIL 18, 2023.
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ITEM NO.39 COURT NO.7 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 1520/2023 (Arising out of impugned final judgment and order dated 06-07-2022 in CMP No. 565/2021 passed by the High Court Of Karnataka At Bengaluru) M/S BESTPAY SOLUTIONS PRIVATE LIMITED Petitioner(s) VERSUS M/S RAZORPAY SOFTWARE PRIVATE LIMITED Respondent(s) (FOR ADMISSION and I.R. and IA No.205838/2022-CONDONATION OF DELAY IN FILING) Date : 18-04-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Rajat Sehgal, AOR Ms. Vandana Anand, Adv.
For Respondent(s) Ms. Pritha Srikumar, AOR Mr. Vikas Mahendra, Adv. Mrs. Nandini S. Patil, Adv. Mr. Abhyudaya Shishodia, Adv.
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.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS COURT MASTER (NSH)
(signed order is placed on the file)