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Supreme Court - Daily Orders

M/S Ferro Concrete Construction ... vs The State Of Rajasthan on 24 April, 2023

Author: Pamidighantam Sri Narasimha

Bench: Pamidighantam Sri Narasimha

     ITEM NO.10                                    COURT NO.1                      SECTION XV

                                     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).    7851/2023

     (Arising out of impugned final judgment and order dated 06-01-2023
     in SBCMA No. 3175/2006 passed by the High Court Of Judicature For
     Rajasthan At Jaipur)

     M/S FERRO CONCRETE CONSTRUCTION (INDIA) PVT. LTD.                               Petitioner(s)

                                                            VERSUS

     THE STATE OF RAJASTHAN                                                          Respondent(s)

     ( IA No.77812/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT )

     Date : 24-04-2023 This petition was called on for hearing today.

     CORAM :                  HON'BLE THE CHIEF JUSTICE
                              HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA


     For Petitioner(s)                      Mr. Vinayak Mehrotra, Adv.
                                            Ms. Sonali Jain, Adv.
                                            Ms. Zehra Khan, AOR


     For Respondent(s)


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

1 Learned counsel appearing on behalf of the petitioner relies upon paragraph 24 of the decision of this Court in Reliance Cellulose Products Ltd Vs Oil and Natural Gas Corporation Limited1. He urges that Clause 22 of the agreement does not specifically exclude either the power of the arbitrator to grant pendente Signature Not Verified Digitally signed by NEETA SAPRA Date: 2023.04.27 lite interest or rule out the claimant from claiming interest pendente lite in the 16:56:56 IST Reason: 1 (2018) 9 SCC 266 2 course of arbitration.

2 Issue notice returnable in four weeks.

3 Dasti service, in addition, is permitted.

    (GULSHAN KUMAR ARORA)                          (SAROJ KUMARI GAUR)
          AR-CUM-PS                                ASSISTANT REGISTRAR