Supreme Court - Daily Orders
M/S Visakha Constructions vs Rashtriya Ispat Nigam Limited (Rinl) on 6 January, 2023
Bench: Sanjay Kishan Kaul, Abhay S. Oka
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 130/2023
(Arising out of SLP(C) No. 23912/2022)
M/S VISAKHA CONSTRUCTIONS ..APPELLANT(S)
VERSUS
RASHTRIYA ISPAT NIGAM LIMITED (RINL)..RESPONDENT(S)
O R D E R
Notice which is accepted by learned counsel for the respondent.
Leave granted.
Even though it is stated that endeavour is being made to decide the appeal under Section 37 of the Arbitration and Conciliation Act, 1996, the fact remains it is yet to achieve any finality. As an interim measure 50% of the amount was directed to be deposited in Court and has been so deposited. The appellant sought liberty to withdraw the said amount which aspect has been deferred for consideration in the appeal itself.
We do believe that the appellant should receive the benefits of having succeeded in the Courts below and on our query learned counsel submits that a security can be given for release Signature Not Verified of the amount. In respect of what is the nature Digitally signed by Charanjeet Kaur Date: 2023.01.09 16:48:58 IST Reason: of the security to be given, learned counsel has drawn our attention to order dated 09.05.2022 2 passed in SLP(Civil) Nos. 5682-5683/2022 in respect of sister concern of the respondent. He seeks the same condition.
On having perused that order and in the facts of the case, we thus permit 50% of the amount deposited in the Court to be withdrawn, subject to as set out in order dated 09.05.2022 in SLP(Civil) Nos. 5682-5683/2022 as under :
“Managing Director of the
petitioner company filing an
undertaking before the High Court which shall be backed by the Resolution of the Company that in case the petitioner loses in the appeal, the same shall be repaid/returned with interest that may be ordered. Such an undertaking backed by the Resolution shall be filed before the High Court before the petitioner is permitted to withdraw 50% of the awarded amount, so deposited.” Accordingly, the appeal stands disposed of.
....................J. [SANJAY KISHAN KAUL] ....................J. [ABHAY S. OKA] NEW DELHI, JANUARY 06, 2023.
3
ITEM NO.25 COURT NO.2 SECTION XII-A
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). 23912/2022
(Arising out of impugned final judgment and order dated 08-09-2022 in IA No. 3/2022 passed by the High Court Of Andhra Pradesh At Amravati) M/S VISAKHA CONSTRUCTIONS Petitioner(s) VERSUS RASHTRIYA ISPAT NIGAM LIMITED (RINL) Respondent(s) (FOR ADMISSION ) Date : 06-01-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Dama Seshadri Naidu, Sr. Adv.
Mr. Pai Amit, AOR Ms. Pankhuri Bhardwaj, Adv. Mr. Siddharth Chapalgaonkar, Adv. Mr. K. Sai Teja, Adv.
Ms. Sonali Suryawanshi, Adv.
For Respondent(s) Mr. Pratap Venugopal, Adv.
Ms. Surekha Raman, Adv.
For M/S. K J John And Co, AOR UPON hearing the counsel the Court made the following O R D E R Notice which is accepted by learned counsel for the respondent.
Leave granted.
The appeal stands disposed of in terms of the signed order.
[CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [ Signed order is placed on the file ] 4