Supreme Court - Daily Orders
Meraj Yusha vs Hamida Khatoon on 26 July, 2024
CA 8033-8035/2024
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal Nos 8033-8035 of 2024
(Arising out of SLP (C) Nos 15489-15491 of 2024)
Meraj Yusha Appellant
Versus
Hamida Khatoon and Others Respondents
ORDER
1 Leave granted.
2 The appellant was one of the partners of a partnership firm by the name of Serajuddin and Company. One of the partners of the firm died on 16 June 2023.
3 On 20 October 2023, a notice to show cause was issued to the appellant to explain why he should not be expelled and three days’ time was granted to him to respond. The appellant was eventually expelled on 15 November 2023. Since there is an arbitration agreement, the appellant filed an application under Section 9 of the Arbitration and Conciliation Act 1996 1 Signature Not Verified 1 “Act of 1996” Digitally signed by CHETAN KUMAR Date: 2024.07.31 1 17:17:47 IST Reason:
CA 8033-8035/2024 seeking a stay on the expulsion.
4 By an order dated 22 December 2023, a learned Single Judge of the Calcutta High Court stayed the expulsion of the appellant for a period of six weeks or until further orders in the arbitration, whichever is earlier. 5 When the order of the Single Judge was carried in appeal, the Division Bench of the High Court by its impugned order dated 18 June 2024, appointed two Joint Special Officers. The Division Bench further directed that a hearing should be given to the appellant in pursuance of the notice of expulsion and an order be passed thereon. At the same time, the Division Bench was of the view that the decision to expel the appellant needed to be “revisited and reviewed”.
6 It is at that stage that the appellant has moved this Court. 7 Ms Justice Indira Banerjee, former Judge of this Court, has been appointed as sole arbitrator. The Arbitrator has entered upon the reference. The pleadings in the interim applications under Section 17 have been completed. 8 We have heard Mr K K Venugopal, senior counsel for the appellant with Mr Krishnan Venugopal, senior counsel and Dr Abhishek Manu Singhvi and Mr Ashok Kumar Parija, senior counsel and Mr Dhananjaya Mishra, counsel for the contesting respondents.
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CA 8033-8035/2024 9 At this stage, we are not enquiring into the merits of the rival contentions since any expression of opinion by this Court may affect the course of the hearing of the interim applications in the arbitral proceedings. It would be appropriate that all applications for interim relief are heard by the sole Arbitrator under Section 17 of the Act of 1996. In the meantime, the interim stay which was granted by the Single Judge in the proceedings under Section 9 of the Act of 1996 for a period of six weeks shall continue to remain in operation until 15 September 2024.
10 We request the sole Arbitrator to endeavour to dispose of the interim applications before 15 September 2024. In the event that it is not possible for the learned Arbitrator to dispose of the interim applications by that date, we leave it open to the Arbitrator to either continue the interim arrangement or to pass such orders as are appropriate in the interest of justice after hearing the parties.
11 On the request of Mr Ashok Kumar Parija, senior counsel appearing on behalf of some of the contesting respondents, it is clarified that it would be open for the respondents also to move before the Arbitrator for any relief which they seek. The Arbitrator shall decide the interim applications uninfluenced by any of the observations made in the order of Single Judge or the Division Bench. 12 We clarify that this Court has not expressed any opinion on the merits. 3 CA 8033-8035/2024 13 In view of the above directions, the order of the Division Bench dated 18 June 2024 is set aside.
14 The appeals are accordingly disposed of. 15 Pending applications, if any, stand disposed of.
….....…...….......…………………..CJI.
[Dr Dhananjaya Y Chandrachud] ..…....…........……………….…........J. [J B Pardiwala] ..…....…........……………….…........J. [Manoj Misra] New Delhi;
July 26, 2024
CKB
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CA 8033-8035/2024
ITEM NO.25 COURT NO.1 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) Nos.15489-15491/2024 (Arising out of impugned final judgment and order dated 18-06-2024 in APOT No.10/2024 18-06-2024 in APOT No. 11/2024 18-06-2024 in APOT No.19/2024 passed by the High Court at Calcutta) MERAJ YUSHA Petitioner(s) VERSUS HAMIDA KHATOON & ORS. Respondent(s) (With I.R. and IA No.151793/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.151796/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 26-07-2024 These petitions were called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. K.K. Venugopal, Sr. Adv.
Mr. Saraswata Mohapatra, Adv.
Mr. Rhishabh Jetley, AOR Mr. Ankur Talwar, Adv.
For Respondent(s) Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Soumendra Nath Mookherjee, Sr. Adv. Mr. Ratnanko Banerji, Sr. Adv.
Mr. Ratnesh Kumar Rai, Adv.
Mr. Ankan Rai, Adv.
Mr. Dhruv Chadha, Adv.
Mr. Yash Singhi, Adv.
5 CA 8033-8035/2024 Mr. Ayan Rai, Adv.
Mr. Navneet Dogra, Adv.
Ms. Devanshi Deora, Adv.
Mr. Dhananjaya Mishra, AOR Mr. Krishnan Venugopal, Sr. Adv.
Mr. Saraswata Mohapatra, Adv.
Mr. Avinash Mathews, Adv.
Mr. Vikramaditya, AOR UPON hearing the counsel the Court made the following O R D E R 1 Leave granted.
2 The appeals are disposed of in terms of the signed order. 3 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Assistant Registrar
(Signed order is placed on the file)
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