Supreme Court - Daily Orders
Indian Oil Corporation Ltd. vs The Commercial Court, Varanasi on 13 October, 2023
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023
(arising out of SLP(C) NO. 22325 OF 2023)
INDIAN OIL CORPORATION LTD. & ANR. APPELLANTS
VERSUS
THE COMMERCIAL COURT, VARANASI & ANR. RESPONDENTS
O R D E R
Leave granted.
It is pointed out that the judgment challenged before the High Court of Judicature at Allahabad relates to the calculation of the amount payable as per the award.
The High Court, while dismissing ‘Matters under Article 227 No. - 8206/2022’ vide impugned judgment dated 06.09.2023, has relied upon its order dated 06.09.2023 in ‘Matters under Article 227 No. - 7573/2022’, which was entirely on a different issue and not on the issue in question raised in ‘Matters under Article 227 no. - 8206/2022’, viz. calculation of the amount payable as per the award.
In view of the aforesaid position, we allow the present appeal, and the order dated 06.09.2023 in ‘Matters under Article 227 no. - 8206/2022’ is set aside with an order of remand to the Signature Not Verified Digitally signed by Deepak Guglani High Court to decide the same afresh, in accordance with law. Date: 2023.10.17 17:43:18 IST Reason:
We clarify that while deciding the petition, ‘Matters under Article 227 no. - 8206/2022’, under Article 227 of the 2 Constitution, the High Court will not go into the question of whether the Arbitration Act, 1940 is applicable. We have not interfered with the finding that the Arbitration and Conciliation Act, 1996 applies.
We also clarify that we have not made any comments/observations on the merits in ‘Matters under Article 227 no. - 8206/2022’.
The impugned judgment is set aside and the appeal is allowed and disposed of in the above terms. Pending application(s), if any, shall stand disposed of. No order as to costs. To cut short the delay, parties in ‘Matters under Article 227 no. - 8206/2022’are directed to appear before the High Court on 04.12.2023, when a date of hearing will be fixed.
.................J. (SANJIV KHANNA) .................J. (S.V.N. BHATTI) NEW DELHI;
OCTOBER 13, 2023.
3
ITEM NO.37 COURT NO.3 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 22325/2023 (Arising out of impugned final judgment and order dated 06-09-2023 in MUA227 No. 8206/2022 passed by the High Court of Judicature at Allahabad) INDIAN OIL CORPORATION LTD. & ANR. Petitioner(s) VERSUS THE COMMERCIAL COURT, VARANASI & ANR. Respondent(s) (IA No.203596/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.203599/2023-EXEMPTION FROM FILING O.T.) WITH SLP(C) No. 22585/2023 (XI) (IA No.206694/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.206695/2023-EXEMPTION FROM FILING O.T.) Date : 13-10-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Tushar Mehta, SG Mr. Amitesh Chandra Mishra, Adv. Mr. Satwik Parikh, Adv.
Mr. Ankit Chaturvedi, Adv.
Mr. Pankaj Singh, Adv.
M/s. ACM Legal, AOR For Respondent(s) Mr. Pawanshree Agrawal, AOR Mr. Divyanshu Agarwal, Adv.
Ms. Shubhangi Negi, Adv.
UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 22325/2023 Leave granted.
The appeal is allowed and disposed of in terms of the signed order.4
Pending application(s), if any, shall stand disposed of. SLP(C) No. 22585/2023 In view of the peculiar facts of the present case, including the factum that the petitioners had filed an application/objection under Section 34 of the Arbitration and Conciliation Act, 1996, which application/objection has been dismissed vide order dated 23.03.2013 passed by the District Judge, Varanasi, and that order of dismissal has been upheld, we are not inclined to interfere with the impugned judgment and the special leave petition is accordingly dismissed.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR
(signed order in CA @ SLP(C) No. 22325/2023 is placed on the file)