Supreme Court - Daily Orders
Malco Energy Limited vs Senior Divisional Engineer on 24 January, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1341/2025
[@ SLP(C) NO.15872/2023]
MALCO ENERGY LIMITED Appellant(s)
VERSUS
SENIOR DIVISIONAL ENGINEER & ORS. Respondent(s)
O R D E R
1. Leave granted.
2. The present appeal arises out of an Arbitration Original Petition filed by the appellant under Section 14(1)(a) read with Sections 11(6) and 15(2) of the Arbitration and Conciliation Act, 1996 for termination of the Mandate of the Tribunal and also to constitute a new Tribunal for adjudicating the disputes between the appellant and the respondents(s). The said petition was disposed of by the High Court by order impugned before us.
3. Learned counsel for both the parties have agreed that the issue arising for consideration is now covered by the decision of the Constitution Bench of this Court in Central Organization Railway Signature Not Verified Electrification vs. M/s ECO-SPIC-SMO-MCML(JV) a joint Digitally signed by INDU MARWAH venture company1.
Date: 2025.02.0418:00:08 IST Reason: 1
2024 INSC 857 2
4. With the consent of both the parties, we hereby refer the arbitral dispute between the appellant and the respondents(s) to institutional Arbitration under the aegis of Nani Palkhivala Arbitration Centre, Chennai.
5. For convenience of the Centre, details of the counsel for the appellant and respondent(s) are provided herein below.
For appellant(s)-Ms. Fatima Thansiha (Mobile No.9567851044) (Email [email protected]) For respondent(s)-Mr.Ankit Verma Den East Salem M.No.9003956202 ([email protected])
6. With these observations the appeal is disposed of.
……………………………………J. [PAMIDIGHANTAM SRI NARASIMHA] …………………………………J. [MANOJ MISRA] New Delhi January 24,2025 3 ITEM NO.41 COURT NO.12 SECTION XII 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). 15872/2023 [Arising out of impugned final judgment and order dated 16-11-2022 in ARB. O.P.(COM. DIV) No. 484/2022 passed by the High Court of Judicature at Madras] MALCO ENERGY LIMITED Petitioner(s) VERSUS SENIOR DIVISIONAL ENGINEER & ORS. Respondent(s) JUDGMENT PRONOUNCED IN Central Organization for Railway Electrification vs. M/s ECO-SPIC-SMO-MCML (JV) A joint Venture Company [CIVIL APPEAL NO. 9486-94877 OF 2019] ON 08.11.2024 IA No. 129768/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 42667/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 139009/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 129771/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 24-01-2025 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) :Mr. Ishaan George, AOR Dr. Rukma George, Adv.
Mr. Sumit Kumar Siddharth, Adv. Mr. Archit Jain, Adv.
Mr. Ashhab Khan, Adv.
For Respondent(s) :Mr. K.M.Nataraj, A.S.G.(NP) Mr. Sudarshan Lamba, AOR Mr. Apoorv Kurup, Adv.
Mr. Vanshaja Shukla, Adv. Mr. Mayank Pandey, Adv.
Mr. Vinayak Sharma, Adv.
Mr. Amit Sharma-(ii), Adv.4
Mr. Durga Dutt, Adv.
Mr. Amrish Kumar, AOR UPON hearing the counsel the Court made the following O R D E R
1. Leave granted.
2. Civil Appeal is disposed of in terms of the signed order.
3. Pending applications, if any, also stand disposed of.
(INDU MARWAH) (NIDHI WASON) AR-cum-PS COURT MASTER (NSH)
(signed order is placed on the file)