Supreme Court - Daily Orders
Corrtech International Pvt. Ltd vs Delhi International Arbitration ... on 18 November, 2024
Author: Sanjay Kumar
Bench: Sanjay Kumar
SLP (CIVIL) DIARY NO.45654/2024
ITEM NO.29 COURT NO.1 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) DIARY NO.45654/2024
[Arising out of impugned final judgment and order dated 30-09-2024
in LPA No. 975/2024 passed by the High Court of Delhi at New Delhi]
CORRTECH INTERNATIONAL PVT. LTD. PETITIONER(S)
VERSUS
DELHI INTERNATIONAL ARBITRATION CENTER & ORS. RESPONDENT(S)
( IA No. 256286/2024 - CONDONATION OF DELAY IN REFILING / CURING
THE DEFECTS IA No. 256285/2024 - EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT IA No. 256283/2024 - PERMISSION TO FILE SLP
WITHOUT CERTIFIED/PLAIN COPY OF IMPUGNED ORDER)
Date : 18-11-2024 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY KUMAR
For Petitioner(s) Mr. Shyam Divan, Sr. Adv.
Mr. Rajshekhar Rao, Sr. Adv.
Ms. Anushree Prashit Kapadia, AOR
Mr. Wamic Wasim Nargal, Adv.
Mr. Shaurya Rai, Adv.
For Respondent(s) Mr. Joby P. Varghese, AOR
Mr. Shreesh Chadha, Adv.
UPON hearing the counsel, the Court made the following
O R D E R
Permission to file Special Leave Petition without a certified/plain copy of the impugned judgment is granted. Signature Not Verified Delay condoned. Digitally signed by geeta ahuja Date: 2024.11.21 13:18:27 IST Reason:
We are of the view that the impugned judgment should not be read as deciding any lis or issue regarding the effect of 1 SLP (CIVIL) DIARY NO.45654/2024 registration under the Micro, Small and Medium Enterprises Development Act, 2006 (‘the MSMED Act’). Further, the legal effect of Section 18 of the MSMED Act as well as Section 29 A of the Arbitration and Conciliation Act, 1996, etc. are all issues to be decided by the Arbitrator. The observations made by the Division Bench of the High Court and the order passed by the learned Single Judge will not be binding on the Arbitrator, who will independently apply his mind to all pleas and contentions.
Equally, it would be open to the petitioner to raise the plea that the contention vis-à-vis jurisdiction should be decided as a preliminary issue.
We also record the presence of the learned counsel for the respondents, who is present on advance notice, and states that he has no objection to the passing of the aforesaid order.
Recording the aforesaid, the present Special Leave Petition is disposed of. Pending application(s), if any, shall also stand disposed of.
(GEETA AHUJA) (R.S. NARAYANAN)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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