Supreme Court - Daily Orders
Andhra Pradesh Industrial ... vs M/S Ihp- Meil- Kccpl- Brcpl- Taippl (Jv) on 17 April, 2017
Bench: Dipak Misra, A.M. Khanwilkar
1
ITEM NO.24 COURT NO.2 SECTION XIIA
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).7044/2017
(Arising out of impugned final judgment and order dated 03/01/2017
in OSA No. 31/2014 passed by the High Court of Judicature at
Hyderabad for the State of Telangana and the State of Andhra
Pradesh)
ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE
CORPORATION LTD Petitioner(s)
VERSUS
M/S IHP- MEIL- KEEP- BRCPL- TAIPPL (JV) Respondent(s)
(with appln. (s) for exemption from filing c/c of the impugned
judgment and interim relief and office report)
Date : 17/04/2017 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE A.M. KHANWILKAR
For Petitioner(s)
Mr.V.V.S. Rao, Sr.Adv.
Mr.Guntur Prabhakar, Adv.
Ms.Vijayshree Patnaik, Adv.
For Respondent(s)
Mr.Jaideep Gupta, Adv.
Ms.Shireen Senthna Baria, Adv.
Ms.Nidhi Agarwal, Adv.
Mr.Ashok Mathur, Adv.
UPON hearing the counsel the Court made the following
O R D E R
This Court on 2nd March, 2017 had passed the following order:-
“Heard Mr.V.V.S. Rao, learned senior counsel along with Mr.D.Srinivas, Advocate General for the State of Andhra Pradesh for the petitioners and Mr.Jaideep Gupta, learned senior counsel along with Ms.Shireen Sethna Baria, learned counsel for the respondents.
In the course of hearing a suggestion was Signature Not Verified given to learned counsel for the parties to go Digitally signed by ASHOK RAJ SINGH for mediation to which Mr.Rao, learned senior Date: 2017.04.21 16:59:53 IST Reason: counsel after obtaining instruction from Mr.D.Srinivas, learned Advocate General for the State of Andhra Pradesh agreed with great promptitude. Mr.Jaideep Gupta, learned senior counsel being instructed by Ms.Shireen Sethna 2 Baria submits that respondents have no objection for participating in mediation but the petitioner should be directed to deposit 50% of the amount before the Registry of this Court which the respondent may be permitted to withdraw on furnishing bank guarantee. Having heard learned counsel for the parties we find that there is a consensus to go for mediation. The area of dispute is deposit of the amount and its withdrawal.
Considering the facts and circumstances of the case it is directed the petitioner shall deposit a sum of Rs.2,00,00,000/- (rupees two crores) before the Registry of this Court by 13th April, 2017. The said amount is permitted to be withdrawn by the respondent on furnishing bank guarantee for the said amount executed by a nationalized bank in favour of the Registrar (Judl.) of this Court.
The matter be listed on 17th April, 2017 for nomination of the mediator.
As an interim measure it is directed that there shall be stay of further proceedings in Company Petition No.235 of 2012.” In pursuance of the aforesaid order, a sum of Rs.2,00,000,00/- (rupees two crores) has been deposited in the Registry. In view of the aforesaid, as agreed to, the matter is now required to be sent for mediation. Learned counsel for the parties have agreed that Hon'ble Mr.Justice R.V.Raveendran, a former Judge of this Court be nominated as the mediator and he may be requested to hold the mediation at Hyderabad or any convenient place as he thinks appropriate. It is ordered accordingly. The mediator shall fix his fees as suggested by learned counsel for the parties.
Let the matter be listed in the second week of August, 2017 awaiting the mediation report.
(Ashok Raj Singh) (H.S.Parasher)
Court Master Court Master