Supreme Court - Daily Orders
Hpl (India) Ltd . vs Qrg Enterprises on 25 October, 2018
Bench: Kurian Joseph, A.M. Khanwilkar
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ITEM NO.15 COURT NO.3 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). 5837/2017
(Arising out of impugned final judgment and order dated 14-02-2017
in FAO No. 12/2017 passed by the High Court Of Delhi At New Delhi)
HPL (INDIA) LTD . & ORS. Petitioner(s)
VERSUS
QRG ENTERPRISES Respondent(s)
(and IA No.81387/2017-APPLICATION FOR TRANSPOSITION FOR [PERMISSION
TO FILE ANNEXURES] ON IA 2/2017 and IA No.135869/2017-
CLARIFICATION/ DIRECTION and IA No.136042/2017-CLARIFICATION/
DIRECTION)
WITH
SLP(C) No. 6581/2017 (XIV)
(IA No.81390/2017-APPLICATION FOR TRANSPOSITION
FOR [PERMISSION TO FILE ANNEXURES] ON IA 1/2017 and IA
No.135866/2017-CLARIFICATION/DIRECTION and IA No.136071/2017-
CLARIFICATION/DIRECTION)
SLP(C) No. 16247/2017 (XIV)
(FOR ADMISSION)
SLP(C) No. 35257/2017 (IX)
(FOR ADMISSION and I.R. and IA No.136756/2017-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT)
SLP(C) No. 897-898/2018 (XIV)
SLP(C) No. 23365/2018 (XIV)
(FOR ADMISSION and I.R.)
Date : 25-10-2018 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE A.M. KHANWILKAR
For Petitioner(s)
Signature Not Verified
Mr. R. Basant,Sr.Adv.
Mr. Sanjeev Sindhwani,Sr.Adv.
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.10.26
17:05:30 IST
Reason:
Mr. Mohit Paul, AOR
Mr. Sanjay Dua,Adv.
Ms. Shikha Sarin,Adv.
Mr. Anugrah Niraj Ekka,Adv.
Mr. Obhirup Ghosh,Adv.
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Dr. A.M. Singhvi,Sr.Adv.
Mr. Jaideep Gupta,Sr.Adv.
Mr. Sanjeev Sindhwqani,Sr.Adv.
Mr. Mohit Paul,AOR
Mr. Sanjay Dua,Adv.
Ms. Shikha Sarin,Adv.
Mr. Anugrah Niraj Ekka,Adv.
Mr. Obhirup Ghosh,Adv.
Mr. Suvidutt M.s., AOR
Mr. Abhinav Mukerji, AOR
Ms. Pratishtha Vij,Adv.
Mr. Prashant Gupta,Adv.
Mr. Kanishk,Adv.
Ms. Bihu Sharma,Adv.
Mr. Mohan Vidani,Adv.
Mr. Rahul Vidhani,Adv.
Ms. Subhadra Shukla,Adv.
Mr. Yash Pal Dhingra, AOR
Mr. Sudhir Kulshreshtha, AOR
Mr. Nalin Kohli,Adv.
Mr. Prabhas Bajaj,Adv.
Mr. Ankit Roy,Adv.
Mr. Amarjeet Singh, AOR
For Respondent(s) Mr. Jayant Bhushan,Sr.Adv.
Mr. Sudeep Chatterjee,Adv.
Ms. Dristi Chatterjee,Adv.
Mr. Viveak Ranjan.,Adv.
Mr. Gaurav Sharma, AOR
Mr. L.K. Bhushan,Adv.
Ms. Rashi Beri,Adv.
Ms. Aditi Awasty,Adv.
Mr. Sajan Poovayya,Sr.Adv.
Ms. Saya Chouddary,Adv.
Mr. Ashutosh Kumar,Adv.
Mr. Prateek,Adv.
Mr. Adithya Jayaraj,Adv.
Mr. Viveak Ranjan,Adv.
Mr. Gaurav Sharma,Adv.
Mr. Palash Maheshwari,Adv.
For M/s. Dua Associates
Mr. Praveen Anand,Adv.
Mr. Nischal Anand,Adv.
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Mr. Lalit Chauhan,Adv.
Ms. Lakshmi Iyer,Adv.
Ms. Anwesha padhi,Adv.
Ms. Aishwarya Dash,Adv.
Mr. Sarthak Gaur,Adv.
Mr. Sanchit Shivakumara,Adv.
For M/s. Parekh & Co.
Ms. B. Vijayalakshmi Menon, AOR
Ms. Vidhi Goel,Adv.
Mr. Vinod Kapoor,Adv.
UPON hearing the counsel the Court made the following
O R D E R
SLP (C) No. 5837 of 2017 (Item No. 15) and SLP (C) No. 6581 of 2017 (Item No. 15.1) On a suggestion for mediation, since the parties are willing, we appoint Mr. Sriram Panchu, learned senior counsel and a renowned Mediator in Chennai.
We direct the parties to ascertain the time, convenience and venue of mediation from the learned Mediator today itself.
We request the learned Mediator to send a report preferably within two weeks. Learned Mediator is free to fix the fee, which will be jointly shared by the parties.
List on 14.11.2018.
SLP (C) No. 16247 of 2017 (Item No. 15.2) 19.10.2015 is the date of the order passed by the Division Bench of the High Court, wherein it has been decided that the amount of Rs. 60 Crores in deposit could be divided equally between the parties, subject to the final outcome of the litigation. However, the amount was actually disbursed only in March, 2016. The dispute, in the present case, is with regard to the interest that accrued for the short period between the date of the order of 4 Division Bench in October, 2015 and the actual date of disbursement in March, 2016.
There is no dispute that the parties have taken the interest on pro-rata basis. According to the petitioner, it is entitled for the interest on the entire amount even for the period between the date of the order of the Division Bench and the actual date of disbursement, since according to the learned counsel appearing for the petitioner, even the disbursement of 30 crores is subject to the final outcome of the litigation and since the petitioner had availed interest on the entire deposit till the date of the order passed by the Division Bench.
We are afraid, the above contention cannot be appreciated. Once the Division Bench has clarified the position on 19.10.2015, the entitlement for interest should also be pro-rata from that date. But in any case, whatever has been taken by the respondent, i.e. 30 crores plus the accrued interest from 19.10.2015 to the actual date of disbursement, will also be subject to the final outcome of the litigation.
Subject to the above clarification and leaving the question of law open, this Special Leave Petition is disposed of.
Pending interlocutory application(s), if any, is/are disposed of.
SLP (C) No. 897-898 of 2018 (Item No. 15.3) On a suggestion made by the Court, the learned counsel on both sides submitted that they would explore the possibility of resolving the dispute between the parties if the matter is referred to Mediation.
5Accordingly, we refer the matter to the Mediation Centre attached to the High Court of Delhi at New Delhi to explore the possibility of an amicable settlement of the dispute between the parties, who would appear before the said Mediation Centre on 29.10.2018 at 02.00 P.M. The Incharge, Mediation Centre, after making an endeavour for amicable resolution of the disputes, shall submit a report to this Court within three weeks thereafter.
List the matter on 26.11.2018.
SLP (C) No. 35257 of 2017 (Item No. 15.4) De-tag.
List after winter vacation.
SLP (C) No. 23365 of 2018 (Item No. 15.5) Despite service of notice, one of the contesting parties, namely, Respondent No.2 has not chosen to appear. There will be stay of further proceedings in C.S. No.182/2016 on the file of the High Court of Delhi.
List on 14.11.2018.
(JAYANT KUMAR ARORA) (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER COURT MASTER ASSISTANT REGISTRAR