Supreme Court - Daily Orders
M/S Puravankara Projects Ltd. vs Galaxy Properties Pvt. Ltd. on 17 April, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4609 OF 2014
(arising out of S.L.P. (Civil) No. 9437 of 2013)
M/S PURAVANKARA PROJECTS LTD. Petitioner(s)
VERSUS
GALAXY PROPERTIES PVT. LTD. Respondent(s)
O R D E R
Leave granted.
2. On 24.03.2014, we passed the following order:-
"In the course of arguments, it transpired
that, irrespective of whether or not there is
arbitration agreement, it would be appropriate
if the disputes between the parties are resolved
through the process of arbitration.
Learned senior counsel for the parties pray
for time to enable the advocates-on-record for
the parties to come out with agreed name of the
arbitrator and the terms of reference to the
arbitrator.
List the matter on April 17, 2014."
3. In pursuance thereof, learned counsel for the
appellant and learned senior counsel for the respondent
submit that parties are agreeable if Mr. Justice
J. Kanakaraj, former Judge of Madras High Court is
appointed as sole arbitrator to decide the disputes
between the parties. The parties have also agreed that
the seat of arbitrator shall be Chennai and Madras High
Court will be the only Court having jurisdiction over
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the arbitral tribunal.
4. We order accordingly.
5. Civil Appeal stands disposed of as above with
no order as to costs.
6. It is, however, observed that the order of
injunction granted by the High Court of Madras in
O.S.A. No. 283 of 2012 shall continue. But this will
not preclude the appellant from applying to the
arbitrator for vacation/variation/modification of the
injunction order passed by the High Court by making
appropriate application under Section 17 of the
Arbitration and Conciliation Act, 1996. If such
application is made, obviously, the arbitrator shall
consider and decide the same in accordance with law
after hearing the respondent.
7. It is clarified that the present order is made
irrespective of whether or not there is an arbitration
agreement between the parties.
.........................J.
( R.M. LODHA )
NEW DELHI; .........................J.
APRIL 17, 2014 ( KURIAN JOSEPH )
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ITEM NO.46 COURT NO.2 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 (Civil) No(s).9437/2013
(From the judgement and order dated 20/12/2012 in OSA No.283/2012
of The HIGH COURT OF MADRAS)
M/S PURAVANKARA PROJECTS LTD. Petitioner(s)
VERSUS
GALAXY PROPERTIES PVT. LTD. Respondent(s)
(With appln(s) for stay,permission to file additional documents and
prayer for interim relief and office report )
Date: 17/04/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE R.M. LODHA
HON’BLE MR. JUSTICE KURIAN JOSEPH
For Petitioner(s) Mr. Joshna H. Samuel, Adv.
Mr. Sudeep D.C., Adv.
Mr. Tayenjam Momo Singh,Adv.
For Respondent(s) Mr. T.V. Ramanujam, Sr. Adv.
Mr. R. Anand Padmanabhan, Adv.
Mr. Ramya Rangarajan, Adv.
Ms. Romil Pathak, Adv.
Mr. Shashi Bhushan Kumar,Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
Civil Appeal is disposed of as in terms of the signed order.
(Rajesh Dham) (Renu Diwan) Court Master Court Master (signed order is placed on the file)