Supreme Court - Daily Orders
Hcc Dsd Vnr Consortium vs Northeast Frontier Railway on 21 August, 2023
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023
(arising out of SLP(C) No. 2420 of 2023)
HCC-DSD-VNR CONSORTIUM APPELLANT(S)
VERSUS
NORTHEAST FRONTIER RAILWAY & ANR. RESPONDENT(S)
WITH
CIVIL APPEAL NO. OF 2023
(arising out of SLP(C) No. 2127 of 2023)
and
CIVIL APPEAL NO. OF 2023
(arising out of SLP(C) No. 2318 of 2023)
O R D E R
Leave granted.
Having regard to the facts of the present cases and in view of the order passed by the Coordinate Bench of this Court in Bangalore Metro Rail Corporation Limited vs. JMC ATEPL Joint Venture1, we are of the opinion that the pendency of the other proceedings should not be an impediment in referring the dispute(s), which are subject matter of the present matters, to arbitration, as it would not be in the interest of the parties to keep the matter pending.
Signature Not VerifiedDigitally signed by Deepak Guglani In the above circumstances, we allow the present appeals. Date: 2023.08.22 18:23:30 IST Reason:
The dispute(s) between the parties will be adjudicated by 1 Dated 17.02.2022 passed in SLP(C) No. 6125/2021 2 Hon’ble Mr. Justice Amitava Roy, a former Judge of this Court. The seat of arbitration will be Guwahati, Assam. Fee of the learned Arbitrator will be fixed and payable in terms of the Forth Schedule to the Arbitration and Conciliation Act, 1996.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (S.V.N. BHATTI) NEW DELHI;
AUGUST 21, 2023.
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ITEM NO.56 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 for Special Leave to Appeal (C) No. 2420/2023 (Arising out of impugned final judgment and order dated 28-11-2022 in ARBP No. 4/2022 passed by the Gauhati High Court) HCC-DSD-VNR CONSORTIUM PETITIONER(S) VERSUS NORTHEAST FRONTIER RAILWAY & ANR. RESPONDENT(S) (FOR ADMISSION and I.R. and IA No.21977/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) WITH SLP(C) No. 2127/2023 (XIV) (FOR ADMISSION and I.R. and IA No.18931/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 2318/2023 (XIV) (IA No.20986/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 21-08-2023 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. Maninder Singh, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. Ankur Saigal, Adv.
Mr. Anirudh Bhatia, Adv. Mr. Devansh Srivastava, Adv. Mrs. Shruti Arora, Adv. Ms. Shruti Arora, Adv.
Mr. E.C. Agrawala, AOR For Respondent(s) Mr. Vikramjit Banerjee, A.S.G. Mr. Sachin Sharma, Adv. Ms. Shruti Agarwal, Adv. Ms. Nachiketa Joshi, Adv. Mr. Ishaan Sharma, Adv. Mr. Antrikash Singh, Adv. Mr. Purnendu Bajpai, Adv. Mr. Amrish Kumar, AOR 4 UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)