Supreme Court - Daily Orders
M/S Krisam Properties Pvt. Ltd. vs Dalbir Singh on 11 March, 2022
Bench: M.R. Shah, B.V. Nagarathna
1
ITEM NO.22 Court 12 (Video Conferencing) SECTION IV-B
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). 3509/2022
(Arising out of impugned final judgment and order dated 29-11-2021
in CR No. 2671/2021 passed by the High Court Of Punjab & Haryana At
Chandigarh)
M/S KRISAM PROPERTIES PVT. LTD. Petitioner(s)
VERSUS
DALBIR SINGH & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.29161/2022-EXEMPTION FROM FILING
C/C OF THE IMPUGNED JUDGMENT and IA No.29162/2022-EXEMPTION FROM
FILING AFFIDAVIT and IA No.29164/2022-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 11-03-2022 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
For Petitioner(s) Mr. Siddhartha Dave, Sr. Adv.
Ms. Vidhi Thaker, Adv.
Ms. Neema, Adv.
Ms. Prachi Pratap, Adv.
Dr. Prashant Pratap,Adv.
Ms. Pallavi Pratap, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Insofar as the present proceedings are concerned, they arise out of interlocutory order passed by the High Court directing the parties to maintain the status quo during the pendency of the proceedings before the trial Court. The main suit is yet to be decided and considered by the learned trial Court. Signature Not Verified Therefore, the Digitally signed by R Natarajan present Special Leave Petition is not entertained. Date: 2022.03.14 16:51:19 IST Reason:
However, it is observed that any observations made by the High Court while passing the impugned judgment and order are prima facie observations while 2 deciding the interim injunction application only and the learned trial Court to decide and dispose of the suit in accordance with law and on its own merits and on the basis of the evidence led.
At this stage, Mr. Siddhartha Dave, learned Senior Advocate, appearing for the petitioner has pointed out that an application under Section 8 of the Arbitration Act filed by the petitioner is pending before the trial Court. It will be open for the petitioner to move an appropriate application before the learned trial Court for deciding the Section 8 application. The learned trial Court to decide the Section 8 application first at the earliest because ultimately it goes to the root of the jurisdiction.
With this, the present Special Leave Petition stands disposed of.
Pending applications also stand disposed of.
(R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER