Supreme Court - Daily Orders
M/S Raitani Engineering Works Pvt Ltd vs Union Of India on 23 April, 2019
Bench: S.A. Bobde, Sanjay Kishan Kaul, Indira Banerjee
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4085 OF 2019
(ARISING OUT OF SLP(C) NO.25826 OF 2014)
M/S RAITANI ENGINEERING WORKS PVT LTD APPELLANT(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S)
O R D E R
Leave granted.
The respondent – Railways seeks to detain the amounts payable to the appellant under different contract on the ground that claim and counter-claim are pending consideration before the learned Arbitrator and that the amount to be paid to the appellant is less than the amount sought to be recovered as counter-claim by the respondent. In terms of the impugned order dated 14.07.2014 passed by the High Court , an amount of Rs.1.50 crore has Signature Not Verified been permitted to be retained by the respondents on Digitally signed by SANJAY KUMAR Date: 2019.04.30 11:12:12 IST Reason: account of the counter-claim pending consideration. 2
We are now informed that an award has been passed by the learned Arbitrator, a copy of which has been placed on record.
In terms of this Award dated 12.02.2016, the counter-claim of the respondents has been rejected and the claims of the appellant have been allowed to the extent of Rs.1,96,35,340/- (Rupees one crore ninety six lakhs thirty five thousand three hundred and forty only) along with interest at the rate of 10% from the date of award till the date of realisation.
Objections are stated to have been filed by the respondents challenging the award under section 34 of the Arbitration and Conciliation Act, 1996.
On having heard learned counsel appearing for the parties, we are of the view that no amount payable under different contracts is liable to be detained by the respondents in view of the award having been made and the counter-claim of the respondents having been rejected. In fact, it is the appellant which have to recover the amount of award. No doubt this is subject to the final hearing qua the objections filed by the respondents.
Accordingly, we allow this appeal, set aside the impugned orders passed by the High Court and 3 direct that no amount shall be detained as lien by the respondents as payable under different contracts on account of a particular proceedings forming subject matter of the controversy. The amounts be remitted to the appellant by the respondents within two months of this order. Parties to bear their own costs.
.....................J [S.A. BOBDE] .....................J [SANJAY KISHAN KAUL] .....................J [INDIRA BANERJEE] NEW DELHI;
APRIL 23, 2019.
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ITEM NO.14 COURT NO.2 SECTION XVI
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).25826/2014
(Arising out of impugned final judgment and order dated 14-07-2014 in GA No.2112/2014 in APOT No.332/2014 in AP No.457/2013 passed by the High Court At Calcutta) M/S RAITANI ENGINEERING WORKS PVT LTD Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With appln.(s) for permission to file additional documents) Date : 23-04-2019 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. Gagan Gupta, AOR For Respondent(s) Mr. Pranay Ranjan, Adv.
Ms. Vimla Sinha, Adv.
Mr. Raj Bhahadur, Adv.
For Mr. B. Krishna Prasad, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Pending interlocutory applications, if any, stand disposed of.
(SANJAY KUMAR-II) (SUNIL KUMAR RAJVANSHI) COURT MASTER (SH) BRANCH OFFICER (Signed Order is placed on the file)