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Supreme Court - Daily Orders

Hindustan Oil Exploration Company ... vs Hardy Exploration And Production ... on 5 January, 2023

Bench: A.S. Bopanna, Hima Kohli

                                           1

     ITEM NO.9                             COURT NO.12                 SECTION III

                                  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).   3666-3667/2022

     (Arising out of impugned final judgment and order dated 26-10-2020
     in Arbitration Act No. 52/2020 and impugned judgment and order
     dated 10-08-2021 in MCA (for review) No. 1/2021 under the
     Arbitration Act No. 52 of 2020 passed by the High Court Of Gujarat
     At Ahmedabad)

     HINDUSTAN OIL EXPLORATION COMPANY LIMITED                          Petitioner(s)

                                     VERSUS
     HARDY EXPLORATION AND PRODUCTION (INDIA) INC.                      Respondent(s)

     (FOR ADMISSION and I.R. )

     Date : 05-01-2023 These petitions were called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE A.S. BOPANNA
                            HON'BLE MS. JUSTICE HIMA KOHLI

     For Petitioner(s)                 Mr. Rana Mukherjee, Sr. Adv.
                                       Mr. Sahil Tagotra, AOR
                                       Mr. Sunil Mathew, Adv.
                                       Ms. Surabhi Guleria, Adv.
                                       Mr. Abhishek Pandey, Adv.
                                       Ms. Abhivyakti Banerjee, Adv.


     For Respondent(s)                 Mr. Devadatt Kamat, Sr. Adv.
                                       Ms. Manisha T. Karia, AOR
                                       Ms. Nidhi Nagpal, Adv.
                                       Mr. Adarsh Kumar, Adv.
                                       Mr. Aditya Kesar, Adv.
                                       Mr. Jeet B. Karia, Adv.
                                       Mr. Javedur Rehman, Adv.
                                       Mr. Revanta Solanki, Adv.


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

Signature Not Verified Digitally signed by Nisha Khulbey Date: 2023.01.05 Having heard the learned senior counsel for the parties, we, 15:16:56 IST Reason: at this point, see no reason to interfere with the Order impugned herein. This is for the reason that we note that the High Court, 2 having taken into consideration the scheme of the arbitral proceedings, had adjourned the proceedings to enable the petitioner herein to avail their remedies before the High Court of Malaysia against the award which was sought to be executed. At this point, it is brought to our notice that the High Court had disposed of the said proceedings, and an appeal against the same is pending and reserved for judgment.

If that be so, the same be brought to the notice of the High Court, and the High Court may take a decision to proceed with the matter. Liberty is reserved to the petitioner to seek for such time before the High Court to file their objections to the execution petition and raise all contentions therein. The petitions are accordingly, disposed of. Pending application(s), if any, shall stand disposed of.

   (NISHA KHULBEY)                                    (DIPTI KHURANA)
SENIOR PERSONAL ASSISTANT                        ASSISTANT REGISTRAR