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Bharat Heavy Electricals Ltd. vs Shipping Corporation Of India Ltd. on 6 January, 2022

Bench: Vineet Saran, Aniruddha Bose

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                                           IN THE SUPREME COURT OF INDIA
                                            CIVIL APPELLATE JURISDICTION

                             CIVIL APPEAL NO(S). 403 OF 2022
               (Arising out of Special Leave Petition (C) No(s).                          7386/2019)



     BHARAT HEAVY ELECTRICALS LTD.                                                     APPELLANT(s)

                                                           VERSUS

     SHIPPING CORPORATION OF INDIA LTD. & ORS.                                         RESPONDENT(s)




                                                        O R D E R

Leave granted.

This appeal by way of special leave petition has been filed by Bharat Heavy Electricals Ltd. for expunging certain remarks / observations / strictures against an officer namely, Sanjeev Shikhare who was instructing his counsel in the matter. The contention of the learned counsel for the appellant is that the instructions which were issued by the officer to the counsel were by way of privilege communication and, in any case, the said officer was not even impleaded as a party before any remarks / observations / strictures were given against him.

In such view of the matter, we are of the firm view that the remarks / observations / strictures passed against the said officer in para no. 6 of the impugned judgment deserve to be expunged and are accordingly expunged.

Digitally signed by Rajni Mukhi Date: 2022.01.19

Learned counsel for the respondents has further submitted that 15:37:30 IST Reason: the dispute in the present matter is between two Public Sector Undertakings and has been pending for the past more than a decade.  2 He has further stated that as per the Government of India’s circular dated 22.05.2018 there are certain norms under which dispute between two Public Sector Undertakings ought to be resolved.

We hope and trust that the parties will abide by the Circular of the Government of India and resolve the dispute in terms of the said Circular.

With the aforesaid observations, the appeal is allowed.

......................J. [VINEET SARAN] ......................J. [ANIRUDDHA BOSE] NEW DELHI;

JANUARY 06,2022
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ITEM NO.24     Court 9 (Video Conferencing)               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).   7386/2019

(Arising out of impugned final judgment and order dated 28-01-2019 in ARBP No. 2/2018 passed by the High Court Of Judicature At Bombay) BHARAT HEAVY ELECTRICALS LTD. Petitioner(s) VERSUS SHIPPING CORPORATION OF INDIA LTD. & ORS. Respondent(s) Date : 06-01-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. Aakanksha Kaul, Adv.

Ms. Garima Bajaj, AOR Mr. Raghavendra M. Bajaj, Adv.

Mr. Nikhil Bamal, Adv.

Mr. Agnish Aditya, Adv.

Mr. Aman Sahani, Adv.

For Respondent(s) Mr. Shikhil Shiv Suri,Adv.

Mrs. Madhu Suri, Adv.

Ms. Nikita Thapar, Adv.

Mrs. Jyoti Venkatesh,Adv.

Ms. Vinishma Kaul, Adv.

Ms. Komal Gupta, Adv.

Ms. Mahima Aggarwal, Adv.

Mr. TRB Sivakumar, AOR Ms. Shreya Sircar, Adv.

Ms. Sanjukta Roy, Adv.

Ms. Sonam Gupta, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed in terms of the signed order.  4 Pending application(s), if any, stands disposed of accordingly.

(ARJUN BISHT) (RENU KALIA) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS