Supreme Court - Daily Orders
J&K Economic Reconstruction Agency vs Rash Builders India Private Limited on 7 December, 2015
Bench: Pinaki Chandra Ghose, R.K. Agrawal
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.14167-14170 OF 2015
(@Petition(s) for Special Leave to Appeal (C)
No(s). 32215-32218/2015)
J&K ECONOMIC RECONSTRUCTION AGENCY Appellant(s)
VERSUS
RASH BUILDERS INDIA PRIVATE LIMITED Respondent(s)
O R D E R
We have heard learned counsel appearing for the appellant and learned Senior counsel appearing for the sole respondent at length today.
Leave granted.
Learned counsel appearing for the parties have agreed only with regard to dispute of naming of the person as a Arbitrator in the matter.
Considering the fact that four independent contracts are involved in this matter and keeping in view the value of the contracts in question, learned counsel appearing for both the parties have agreed before us that a retired Hon'ble Judge of this Court may be appointed as Arbitrator for settlement of dispute between the parties.
In view of that, we appoint Hon'ble Mr. Justice S.S. Nijjar, retired Judge of this Court, C-5, Defence Colony, 3 rd Floor, New Delhi to act as a sole Arbitrator in the matter in question. The fees of the Arbitrator shall be settled by the Arbitrator himself Signature Not Verified in a meeting of the parties. The costs charges and expenses of the Digitally signed by Vishal Anand Date: 2015.12.09 arbitration proceedings shall be borne by the parties. 17:35:03 EASST Reason:
-2-Accordingly, we modify and set aside that part of the impugned Judgment wherein Arbitrator was appointed by the High Court. The Appeal is allowed to that extent.
......................J (PINAKI CHANDRA GHOSE) ......................J (R.K. AGRAWAL) NEW DELHI, 7TH DECEMBER, 2015 -3- ITEM NO.38 COURT NO.12 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NOS.14167-14170 OF 2015 Petition(s) for Special Leave to Appeal (C) No(s). 32215-32218/2015 (Arising out of impugned final judgment and order dated 30/07/2015 in AA Nos. 9/2014, 10/2014, 11/2014 and 12/2014 passed by the High Court of Jammu & Kashmir at Srinagar) J&K ECONOMIC RECONSTRUCTION AGENCY Petitioner(s) VERSUS RASH BUILDERS INDIA PRIVATE LIMITED Respondent(s) Date: 07/12/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. A.K. Shahi, Adv.
Mr. Sunil Kumar Jain,Adv. For Respondent(s) Mr. Gaurav Pachnanda, Sr. Adv. Ms. Renu Gupta, Adv.
Ms. Rashmi Singh, Adv. Ms. Diksha Rai,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Appeals are partly allowed in terms of the signed order.
(VISHAL ANAND) (SNEH LATA SHARMA)
COURT MASTER COURT MASTER
(Signed Order is placed on the file)