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[Cites 2, Cited by 1]

Supreme Court - Daily Orders

M/S Hindustan Construction Co. Ltd. vs M/S Nhpc Limited Etc. Etc. on 17 April, 2018

Bench: Adarsh Kumar Goel, Rohinton Fali Nariman

                                                              1

                                      IN THE SUPREME COURT OF INDIA
                                      CIVIL ORIGINAL JURISDICTION


                              TRANSFER PETITION (CIVIL) NOS.265-270 OF 2018


     M/S HINDUSTAN CONSTRUCTION CO. LTD.                                           ...PETITIONER(S)

                                                     VERSUS

     M/S NHPC LIMITED & ETC.                                                       ...RESPONDENT(S)



                                                       O R D E R

We have heard learned counsel appearing for the petitioner.

For the grounds stated in the Transfer Petitions, we allow transfer of Arbitration Case No. 3 of 2016 titled as “NHPC Limited vs. Hindustan Construction CO. Ltd. Pending before the District & Sessions Court, Faridabad (Haryana) to the High Court of Delhi at New Delhi and to be heard with OMP (COMM) No. 47 of 2016 titled as Hindustan Construction CO. Ltd. vs. NHPC Limited pending before the High Court of Delhi at New Delhi; (ii) Arbitration Case No. 116 of 2017 titled as M/s. NHPC Ltd. vs. M/s. Hindustan Construction CO. Ltd. & Anr. pending before the District and Sessions Judge at Gurugram, Haryana to the High Court of Delhi at New Delhi; (iii) Arbitration Case No. 128 of 2017, titled as NHPC Ltd. vs. Signature Not Verified Digitally signed by MADHU BALA Date: 2018.04.20 Hindustan Construction Company Ltd. & Ors. pending before 15:06:30 IST Reason: the District and Sessions Judge at Gurugram, Haryana to the High Court of Delhi at New Delhi; (iv) Arbitration 2 Case No. 166 of 2017 titled as M/s. NHPC Ltd. vs. M/s. Hindustan Construction Company Ltd. pending before the District and Sessions Judge at Gurugram, Haryana to the High Court of Delhi at New Delhi; (v) Arbitration Case No. 76 of 2017 titled as M/s. NHPC Ltd. Vs. M/s. Hindustan Construction Company Ltd. & Ors. pending before the District and Sessions Judge at Faridabad, Haryana to the High Court of Delhi at New Delhi and (vi) Arbitration Case No. 130 of 2017 titled as M/s. NHPC Ltd. Vs. M/s. Hindustan Construction Company Ltd. & Anr. pending before the District and Sessions Judge at Gurugram, Haryana to the High Court of Delhi at New Delhi.

The transferor Court shall forthwith transmit the entire records of the case to the transferee Court.

It is open to the petitioner to seek expeditious hearing of the matter(s).

The transfer petitions are allowed in the afore-stated terms.

…...................J. [ADARSH KUMAR GOEL] NEW DELHI …...................J. 17th APRIL, 2018 [ROHINTON FALI NARIMAN] 3 ITEM NO.16 COURT NO.11 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 265-270/2018 M/S HINDUSTAN CONSTRUCTION CO. LTD. Petitioner(s) VERSUS M/S NHPC LIMITED ETC. ETC. Respondent(s) (FOR ADMISSION and IA No.22782/2018-EX-PARTE STAY ) Date : 17-04-2018 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Mukul Rohatgi,Sr.Adv.
Mr. Mahesh Agarwal,Adv. Mr. Rishi Agrawala,Adv. Ms. Malvika Lal,Adv.
Ms. Aastha Mehta,Adv.
Mr. E. C. Agrawala, AOR For Respondent(s) Mr. Vivek Narayan Sharma,Adv.
Mr. Sidharth Mahajan,Adv. Mr. Maneesh Pathak,Adv. Mr. Shubham Awasthi,Adv. Mr. Sandeep Lamba,Adv.
Mr. Rajeev Kumar Jha,Adv.
UPON hearing the counsel the Court made the following O R D E R The transfer petitions are allowed in terms of the signed order.
Pending application(s), if any, shall also stand disposed of.
(MADHU BALA)                                        (SUMAN JAIN)
COURT MASTER (SH)                                   BRANCH OFFICER
(Signed order is placed on the file)