Supreme Court - Daily Orders
Suresh Agarwal vs Union Of India on 30 October, 2014
Bench: Dipak Misra, Uday Umesh Lalit
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3221 OF 2007
Suresh Agarwal Appellant(s)
Versus
Union of India Respondent(s)
O R D E R
Heard Mr. Arup Banerjee, learned counsel for the appellant and Mr. J.S. Attri, learned senior counsel for the Railways.
The present appeal is directed against the order dated 13th July, 2005, passed by the High Court of Jharkhand at Ranchi in Civil Revision No.55 of 2005, affirming the order passed by the learned Sub-Judge wherein it has been opined that there is no arbitration clause in the agreement between the parties. The said situation arose when the Railway administration instituted Civil Suit No.1 of 2000, for recovery of certain sum from the present appellant.
In the course of hearing, a suggestion was given to the learned counsel for the parties, whether they have any Signature Not Verified Digitally signed by objection to go for arbitration. Learned counsel for the Chetan Kumar Date: 2014.11.12 11:06:02 IST Reason: parties fairly agreed that they have no objection if a retired Judge of the High Court of Orissa is appointed as an 2 arbitrator and the matter is arbitrated in the Orissa High Court Arbitration Centre, as per the rules, governing the Centre.
In view of the aforesaid concession, Justice B.P. Das, a former Judge of the High Court of Orissa, is appointed as the Arbitrator to arbitrate between the parties and the learned Arbitrator shall be guided by the aforesaid Rules.
The suit filed before the Sub-Judge II, Chaibasa, Jharkhand, shall be withdrawn and the same shall be presented before the Arbitration Centre and it shall be treated as claim statement. The respondent shall file counter statement as per the rules that governs the Arbitration Centre. Registrar is directed to communicate this order to the Registrar (Judicial) of the High Court of Orissa.
Resultantly, the order passed by the learned trial Judge, as well as by the High Court, is set aside. There shall be no order as to costs.
The appeal is, accordingly, disposed of .
......................J. (Dipak Misra) ......................J. (Uday Umesh Lalit) New Delhi;
October 30, 2014.
3 ITEM NO.111 COURT NO.5 SECTION XVII 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.3221 of 2007 SURESH AGARWAL Appellant(s) VERSUS UNION OF INDIA Respondent(s) (With office report)
Date : 30/10/2014 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Mr. Arup Banerjee, Adv.
Mr. Braj Kishore Mishra, AOR For Respondent(s) Mr. J.S. Attri, Sr. Adv.
Mr. Sumeet Prakash, Adv.
Ms. Sunitha Sharma, Adv.
Mr. D. S. Mahra, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.
(Chetan Kumar) (Renuka Sadana)
Court Master Court Master
(Signed order is placed on the file) 4