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Supreme Court - Daily Orders

Bombay Dyeing And Manufacturing ... vs Paul Parambi And Ors on 18 April, 2018

Bench: S.A. Bobde, L. Nageswara Rao

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                                  IN THE SUPREME COURT OF INDIA
                                 CIVIL APPELLATE JURISDICTION

                                 CIVIL APPEAL NO. 3973 OF 2018
                                (Arising out of SLP(C) No. 1130/2017)

                         BOMBAY DYEING AND MANFACTURING
                         COMPANY LTD.                  APPELLANT(S)
                                               VERSUS
                         PAUL PARAMBI AND ORS.        RESPONDENT(S)

                                                O R D E R

After hearing learned senior counsels for the parties for some time, we pass the following order by consent:

“1. Leave granted.
The impugned judgment and order of the Bombay High Court in W.P. No. 2034/2016 dated 16.12.2016 is set aside. The question of law decided therein is left open.
2. Civil Suit No. 212 of 2016

pending before the Bombay High Court may be decided as Signature Not Verified Digitally signed by expeditiously as possible and in CHARANJEET KAUR Date: 2018.04.19 17:56:56 IST Reason: any case within a period of one year from 23.04.2018. The parties 2 to the Suit shall appear before the Bombay High Court on 23.04.2018.

3. The pending amendment application filed by the respondent No. 1 may be disposed of within a period of one month. The appellant Bombay Dyeing and Manufacturing company Ltd. may file its written statement within a period of one and a half month thereafter.

4. The appellant shall withdraw its application seeking reference of the dispute to arbitration.” The appeal stands disposed of in above terms.

..................J. [ S.A. BOBDE ] ...................J. [ L. NAGESWARA RAO ] NEW DELHI, APRIL 18,2018.

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ITEM NO.12          COURT NO.7                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 for Special Leave to Appeal (C)     No. 1130/2017

(Arising out of impugned final judgment and order dated 16-12-2016 in WP No. 2034/2016 passed by the High Court Of Judicature At Bombay) BOMBAY DYEING AND MANUFACTURING COMPANY LTD Petitioner(s) VERSUS PAUL PARAMBI AND ORS Respondent(s) (With appln. for permission to file addl documents with prayer for interim relief) Date :18-04-2018 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. Darius Khambata, Sr. Adv.
Mr. Ishan Gaur, Adv.
Mr. Manu Nair, Adv.
Mr. Manik Sachdeva, Adv. Mr. Pheroze Mehta, Adv. Ms. Jennifer Datrewala, Adv. Mr. S.S. Shroff, AOR Mr. M. Himayatullah, Adv.
For Respondent(s) Mr. Shreehari Aney, Sr. Adv.
Mr. Anirudh Joshi, Adv. Mr. Lalit Jain, Adv.
Mr. Nishant Shashidhar, Adv. Mr. P.S. Patwardhan, Adv. Mr. Ashok K. Mahajan, 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 application stands disposed of.
[ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]