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Supreme Court - Daily Orders

Irb Infrastructure Developers Ltd. vs Union Of India on 19 September, 2022

Bench: Sanjay Kishan Kaul, Abhay S. Oka

     ITEM NO.31                           COURT NO.3                 SECTION X

                               S U P R E M E C O U R T O F     I N D I A
                                       RECORD OF PROCEEDINGS

                         Writ Petition (Civil) No.765/2022

     IRB INFRASTRUCTURE DEVELOPERS LTD. & ORS.                        Petitioner(s)

                                                 VERSUS

     UNION OF INDIA & ORS.                                            Respondent(s)

     (FOR ADMISSION and IA No.133576/2022-GRANT OF INTERIM RELIEF )

     with

     Petition(s) for Special Leave to Appeal (C) No(s). 16143-
     16144/2022
     ([TO BE TAKEN UP ALONG WITH ITEM NO. 31 I.E. W.P.(C) No.
     765/2022]............IA No.136074/2022-EXEMPTION FROM FILING C/C OF
     THE IMPUGNED JUDGMENT and IA No.136075/2022-PERMISSION TO FILE
     ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

     WITH
     SLP(C) No. 16375-16376/2022 (IX)
     (FOR ADMISSION and I.R. and IA No.137367/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.137369/2022-PERMISSION TO
     FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

     Date : 19-09-2022 These petitions were called on for hearing today.

     CORAM :             HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                         HON'BLE MR. JUSTICE ABHAY S. OKA

     For Petitioner(s)             Mr.   Mukul Rohatgi, Sr. Adv.
                                   Mr.   Vikram Nankani, Sr. Adv.
                                   Ms.   Diksha Rai, AOR
                                   Mr.   Ankit Agarwal, Adv.
                                   Ms.   Teresa R Daulat, Adv.
                                   Mr.   Mohanish Patkar, Adv.
                                   Mr.   Sarthak Sachdev, Adv.
                                   Mr.   M.V. Ravindran, Adv.
                                   Mr.   Apoorv Agarwal, Adv.

     For Respondent(s)             Mr.   Anil K. Airi, Sr. Adv
Signature Not Verified
                                   Mr.   Shyam Diwan, Sr. Adv.
                                   Mr.   Sumeer Sodhi, AOR
Digitally signed by
RASHMI DHYANI
Date: 2022.09.21
17:20:11 IST
Reason:                            Mr.   Aman Nand Rajog, Adv.
                                   Mr.   Ravi Kishan Chandna, Adv.


                                                  1
                       Mrs. Bindiya Logawney, Adv.
                       Mr. Devashish Tiwari, Adv.
                       Mr. Mudit Ruhella, Adv.


             UPON hearing the counsel the Court made the following
                                O R D E R

Writ Petition (Civil) No.765/2022 Learned counsel for the petitioner(s) seeks sometime to file additional documents and to amend the petition. Needful be done within four weeks.

List thereafter.

Petition(s) for Special Leave to Appeal (C) No(s).16143-16144/2022 Learned counsel for the petitioner states that the petitioner is a third party to the dispute and cannot be bound by arbitration clause and would thus like to make preliminary objection in the arbitration proceedings seeking discharge from the proceedings and it can continue qua the other parties.

On hearing learned counsel for parties, we leave it to the petitioner to raise such a plea and if such a plea is raised, it would be dealt with in accordance with law by the Arbitral Tribunal.

The special leave petitions stand disposed of. Pending application(s) stands disposed of. Petition(s) for Special Leave to Appeal (C) Nos. 16375-16376/2022 After some arguments learned senior counsel for the 2 petitioner(s) seeks to withdraw the special leave petitions. The special leave petitions stand dismissed as withdrawn accordingly.

Pending application(s) stand disposed of.

(RASHMI DHYANI PANT)                                (POONAM VAID)
  COURT MASTER                                       COURT MASTER




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