Supreme Court - Daily Orders
B.T. Patil & Sons Belgaum Constructions ... vs Maharashtra Krishan Valley ... on 27 November, 2015
Bench: Dipak Misra, Prafulla C. Pant
ITEM NO.8 COURT NO.5 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(s) for Special Leave to Appeal (C) No(s). 3487/2015
(Arising out of impugned final judgment and order dated 11/07/2014
in AN No. 117/2013 passed by the High Court of Bombay)
B.T. PATIL & SONS BELGAUM CONSTRUCTIONS PVT. LTD.
(JV PARTNER) & ANR. Petitioner(s)
VERSUS
MAHARASHTRA KRISHAN VALLEY DEVELOPMENT
CORPORATION & ORS. Respondent(s)
(with office report)
Date : 27/11/2015 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For Petitioner(s) Mr. K.K. Venugopal, Sr. Adv.
Mr. B.P. Patil, Sr. Adv.
Ms. Anitha Shenoy, AOR
Mr. Mandar Soman, Adv.
Ms. Vishruti Vijay, Adv.
Mr. S.G. Parbhakar, Adv.
For Respondent(s) Mr. Mahaling Pandarge, AAG
Mr. Nishant Ramakantrao Katneshwarkar, AOR
Mr. T.R. Andhyarujina, Sr. Adv.
Mr. Sanjay Kharde, Adv.
Mr. Soumik Choshal, Adv.
Mr. Sunil Kumar Verma, AOR
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Digitally signed by Gulshan Kumar Arora Date: 2015.11.27 It is submitted by Mr. K.K. Venugopal, learned senior counsel 17:27:14 IST Reason: that the High Court has erroneously expressed the view that there is no arbitration clause in the matter and the High Court could not have exercised the power under Section 11(6) of the Arbitration and 2 Conciliation Act, 1996 to appoint the arbitrator.
Mr. Andhyarujina, learned senior counsel would submit that similar causes have been interpreted by this Court and, in any case, reading the clauses in the agreement, it cannot be given the status of an arbitration clause and in the absence of an arbitration clause, as is understood in law, the Court is denuded of the jurisdiction to appoint an arbitrator unless the parties agree for the same either in court or through a memorandum.
Learned counsel for the parties shall argue the matter on 09.12.2015.
Call on the date fixed.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master