Supreme Court - Daily Orders
Bharat Sanchar Nigam Limited vs M/S.Optel Telecommunication Limited on 5 July, 2017
Bench: J. Chelameswar, S. Abdul Nazeer
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 8410 OF 2017
(Arising out of SLP(C) NO(s). 31713 of 2015)
BHARAT SANCHAR NIGAM LIMITED Appellant(s)
VERSUS
M/S.OPTEL TELECOMMUNICATION LIMITED Respondent(s)
O R D E R
Leave granted.
The matter arises out of arbitration proceedings. The arbitration ended up in an award in favour of the respondent. The relevant portion of the award reads as follows:-
“The amount of Rs. 9,57,05,089/- shall carry interest at the rate of Rs. 18/- per cent per annum from the date of Award till the said amount is paid to the petitioner. This award is passed here at Jabalpur on
2.2.2002.” Aggrieved by the said award, the appellant herein preferred an application under Section 34 of the Arbitration and Conciliation Act 1996 unsuccessfully.
Signature Not Verified
Thereafter, the appellant carried the Digitally signed by DEEPAK MANSUKHANI Date: 2017.07.07 17:08:36 IST matter in an intra-Court appeal under Section 37. Reason:
Along with the appeal, the appellant filed a miscellaneous application praying for the stay of the execution of the award. The said application was 2 rejected. Hence the instant appeal.
We are informed that the respondent limited Company is in liquidation and is represented by the Official Liquidator before us.
Having regard to the above-mentioned facts, we are of the opinion that it would be appropriate to request the High Court to dispose of the appeal (AA no. 22 of 2010) expeditiously preferably within a period of six months from today. We also deem it appropriate to direct the appellant to furnish a bank guarantee in favour of the Official Liquidator for an amount of Rs. 9,57,05,089/- along with interest calculated @ 18% p.a. from the date of the award, i.e. 2nd February, 2002. Keep the bank guarantee alive during the pendency of the appeal. Depending upon the outcome of the appeal, appropriate further directions would be issued by the High Court, while disposing of the appeal, with respect to the above-mentioned bank guarantee.
The instant appeal is accordingly disposed of.
.....................J. (J. CHELAMESWAR) ....................J. (S. ABDUL NAZEER) NEW DELHI JULY 5, 2017 3 ITEM NO.12 COURT NO.3 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(s) for Special Leave to Appeal (C) No(s). 31713/2015 (Arising out of impugned final judgment and order dated 16-06-2015 in IA No. 11050/2010 in AA No. 22/2010 passed by the High court of M.P. at Jabalpur) BHARAT SANCHAR NIGAM LIMITED Petitioner(s) VERSUS M/S.OPTEL TELECOMMUNICATION LIMITED Respondent(s) (With appln(s) for exemption from filing O.T. and permission to file additional documents and interim relief and office report) Date : 05-07-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. Dinesh Agnani, Sr. Adv.
Mr. Vibhakar Mishra, Adv.
Mr. Sunil Kumar Verma, AOR Mr. Umesh P. Wadhwani, Adv. For Respondent(s) Mr. Sandeep Mahapara, Adv.
Mr. Kayesh Begg, Adv.
Ms. Mrinmayee Sahu, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(DEEPAK MANSUKHANI) (RAJINDER KAUR) AR CUM PS COURT MASTER
(Signed order is placed on the file)