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Supreme Court - Daily Orders

Mahanagar Telephone Nigam Ltd ... vs Canara Bank Managing Director on 8 December, 2020

Bench: Uday Umesh Lalit, Indu Malhotra

                                                          1



     ITEM NO.304                      Court 4 (Video Conferencing)                  SECTION XIV-A

                                     S U P R E M E C O U R T O F            I N D I A
                                             RECORD OF PROCEEDINGS

     Miscellaneous Application                    No(s).1927-1930/2020 in C.A. Nos.         6202-
     6205/2019


     MAHANAGAR TELEPHONE NIGAM LTD.                                    APPLICANT/APPELLANT(s)

                                                        VERSUS

     CANARA BANK & OTHERS                                                        Respondent(s)

     (FOR ADMISSION and IA No.100521/2020-APPROPRIATE ORDERS/DIRECTIONS)

     Date : 08-12-2020 These matters were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE UDAY UMESH LALIT
                             HON'BLE MS. JUSTICE INDU MALHOTRA

     For Petitioner(s)                    Ms. Aishwarya Bhati, ASG
                                          Ms. Rashmi Malhotra, AOR

     For Respondent(s)                    Mr. Mohit Mathur, Sr. Adv.
                                          Mr. Viresh B. Saharya, AOR

                                          Mr. Anil Kumar Chandel, Adv.
                                          Ms. Preeti Gupta, AOR


                                 UPON hearing the counsel the Court made the following
                                                    O R D E R

These applications have been filed by Mahanagar Telephone Nigam Ltd. (MTNL) seeking following reliefs:

“a. Issue direction to the Canara Bank and its fully owned subsidiary CANFINA to join applicant i.e., MTNL in referring the matter to AMRCD in terms of direction dated 17.10.2019 to ensure the true spirit of Signature Not Verified coordination amongst different public bodies and to Digitally signed by Indu Marwah Date: 2020.12.09 save it will only save wasteful expenditure of public funds.
17:09:10 IST Reason:
b. Issue direction extending time by further period of six months from the date of making a joint 2 application by the parties before the AMRCD in view of the failure of the respondents i.e., Canara Bank and its fully owned subsidiary CANFINA in cooperating with the applicant for ensuring strict compliance of order dated 17.10.2019 and in following the timeline set therein i.e., 15.01.2020 (time for resolving dispute through AMRCD mechanism.) It has been accepted by the learned counsel appearing for both sides that in terms of the directions issued by this Court in the original judgment dated 08.08.2019 and subsequent order dated 17.10.2019, after 15.01.2020 the proceedings are going ahead before the learned Arbitrator and all the three entities, namely, MTNL, Canara Bank and CANFINA are parties to the proceedings before the learned Arbitrator.

In the circumstances, we see no reason to entertain these applications. These applications are dismissed. Pending applications, if any, also stand disposed of.

(INDU MARWAH)                                        (PRADEEP KUMAR)
COURT MASTER (SH)                                     BRANCH OFFICER