Supreme Court - Daily Orders
Union Of India vs Hardy Exploration And Production ... on 15 November, 2017
Bench: R.K. Agrawal, Abhay Manohar Sapre
ITEM NO.22 COURT NO.8 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). 31356/2016
(Arising out of impugned final judgment and order dated 27-07-2016
in FAO No. 59/2016 passed by the High Court Of Delhi At New Delhi)
UNION OF INDIA Petitioner(s)
VERSUS
HARDY EXPLORATION AND PRODUCTION (INDIA) INC Respondent(s)
(and IA No.120687/2017-PERMISSION TO FILE APPLICATION FOR
DIRECTION)
Date : 15-11-2017 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Petitioner(s) Mr. Tushar Mehta, ASG
Mr. K. R. Sasiprabhu, AOR
Mr. Ajay Kr. Jha, Adv.
Ms. Somiran Sharma, Adv.
Mr. Robin V.S, Adv.
Mr. Biju P. Raman, Adv.
Mr. Vishnu Sharma, Adv.
Mr. Himanshu Suman, Adv.
Mr. Rajat Nair, Adv.
Mr. Srijan Sinha, Adv.
For Respondent(s) Mr. Neeraj Kishan Kaul, Sr.Adv.
Mr. Ameet Naik, Adv.
Mr. Rishi Agrawala, Adv.
Mr. Abhishek Kale, Adv.
Mr. Harshwardan Jha, Adv.
Mr. Karan Luthra, Adv.
Ms. Devika Mohan, Adv.
Mr. E. C. Agrawala, AOR
UPON hearing the counsel the Court made the following
Signature Not Verified
O R D E R
Digitally signed by ANITA MALHOTRA Date: 2017.11.16 17:06:14 IST Reason: Mr. Neeraj Kishan Kaul, learned Senior counsel appearing for respondent has made a statement at the Bar that the order dated 25.07.2017 passed by the High Court of Justice 454 Commercial Court, U.K. specifically provides that the claimant shall not enforce the terms of the Arbitration award dated 02.02.2013 before the expiry of two months and twenty three days from the date of service by the Foreign and Commonwealth Office of the Arbitration Claim Form and associated documents on the defendant or, alternatively, until any application by the defendant to set aside this order has finally been disposed of, whichever is the later.
He submits that the order has been served however, on the defendant and therein on the present petitioner on 27.10.2017 and, if two months and twenty three days is calculated from this date, it will be effective only from 19.01.2018.
Mr. Tushar Mehta, learned ASG appearing for petitioner states that the order was served on the High Commission office on 22.10.2017 and it has been received only three days back. Be that it may, from the aforesaid statement submitted, it is clear that the order dated 25.07.2017 passed by the Commercial Court, U.K will not come into effect prior to 19.01.2018.
In this matter we are not proposing to pass any interim order at this stage and will decide the matter.
List this matter next Wednesday, i.e, on 22.11.2017 as the first item. However, the question of granting any interim order will be considered on the same day.
(SONALI SAUND) (CHANDER BALA) SENIOR PERSONAL ASSISTANT COURT MASTER