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Supreme Court - Daily Orders

Narendra Balasaheb Ghatge vs Vardhman Builders on 6 April, 2018

Bench: Adarsh Kumar Goel, Rohinton Fali Nariman

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                                          IN THE SUPREME COURT OF INDIA
                                          CIVIL APPELLATE JURISDICTION


                                          CIVIL APPEAL NO.3626 OF 2018
                                    (Arising out of SLP (C) No. 6079 of 2018)




                NARENDRA BALASAHEB GHATGE & ANR.                                         APPELLANT(S)

                                                          VERSUS


                VARDHMAN BUILDERS                                                        RESPONDENT(S)


                                                         O R D E R

Leave granted. We have heard learned counsel for the parties.

The Division bench has dismissed the appeal under Section 37 of the Arbitration and Conciliation Act, 1996 as not maintainable.

We are satisfied that the view taken by the Division Bench cannot be sustained. Accordingly, the impugned order is set aside. Let the appeal be considered on merits in accordance with law.

The parties may appear before the High Court for further proceedings on 27th April, 2018. Hearing of the appeal may be expedited.

Signature Not Verified

It is made clear that we have not expressed any Digitally signed by SWETA DHYANI Date: 2018.04.10 11:53:55 IST Reason: opinion on merits.

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The appeal is disposed of in above terms.

..........................J. [ADARSH KUMAR GOEL] ..........................J. [ROHINTON FALI NARIMAN] NEW DELHI 6th April, 2018 3 ITEM NO.11 COURT NO.11 SECTION IX 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). 6079/2018 (Arising out of impugned final judgment and order dated 24-11-2017 in AN No. 257/2017 passed by the High Court of Judicature at Bombay) NARENDRA BALASAHEB GHATGE & ANR. Petitioner(s) VERSUS VARDHMAN BUILDERS Respondent(s) (IA No.32656/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 06-04-2018 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. Shyam Divan, Sr. Adv.
Mr. Sunil Mogare, Adv.
Ms. Surekha Raman, Adv.
Mr. Anuj Sarma, Adv.
Ms. Niharika, Adv.
Ms. Kanika Kalaiyarasan, Adv. M/S. K J John And Co, AOR For Respondent(s) Mr. K.V. Viswanathan, Sr. Adv.
Ms. Rashna Khan, Adv.
Mr. Saswat Pattnaik, Adv. Mr. Abhishek, Adv.
Mr. Hasan Murtaza, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order. Pending applications, if any, are also stand disposed of.
(SWETA DHYANI) (PARVEEN KUMARI PASRICHA) SENIOR PERSONAL ASSISTANT BRANCH OFFICER (Signed order is placed on the file) 4