Supreme Court - Daily Orders
Shapoorji Pallonji And Co. Pvt. Ltd. vs Rattan India Power Ltd. on 27 September, 2021
Bench: Hemant Gupta, V. Ramasubramanian
1
ITEM NO.5 Court 11 (Video Conferencing) SECTION XIV
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). 12400/2021
(Arising out of impugned final judgment and order dated 07-04-2021
in ARBP No. 716/2019 passed by the High Court of Delhi at New
Delhi)
SHAPOORJI PALLONJI AND CO. PVT. LTD. Petitioner(s)
VERSUS
RATTAN INDIA POWER LTD. & ANR. Respondent(s)
(IA No.97005/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.97006/2021-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES )
Date : 27-09-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
For Petitioner(s) Mr. Abhijeet Sinha, Adv.
Ms. Sonali Jaitley Bakhshi, Adv.
Mr. Jaiyesh Bakshi, Adv.
Mr. Ravi Tyagi, Adv.
Mr. Shubhanshu Gupta, Adv.
Ms. Sanjana Bakshi, Adv.
Mr. Mayank Mishra, Adv.
Mr. Chirag Sharma, Adv.
Ms. Rashmi Gogoi, Adv.
Mr. P. V. Yogeswaran, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel for the petitioner inter alia contends that the work BoP i.e. Balance of Plant work was entrusted to the Signature Not Verified petitioner as an extra work in terms of Clause 21.3 of the General Digitally signed by R Natarajan Date: 2021.09.28 16:53:02 IST Reason: Conditions of Contract. The petitioner has requested completion report which was issued by the owner on 24.01.2017. It is further 2 contended that anomalous situation may arise leading to possibility of contradictory orders, if the work regarding BOP is to be decided by the Civil Court whereas the dispute regarding BTG contract is decided by an arbitrator.
Issue notice, returnable within four weeks.
(SWETA BALODI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)