M/S Kalpataru Projects International ... vs Central Organization For Railway ... on 14 August, 2024

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Supreme Court - Daily Orders

M/S Kalpataru Projects International ... vs Central Organization For Railway ... on 14 August, 2024

During the course of the hearing, our attention is drawn to the order passed by this Court in SLP(C) No. 6125/2021, titled “Bangalore Metro Rail Corporation Limited v. JMC ATEPL Joint Venture”, in exercise of power under Article 142 of the Constitution of India. In the facts of the present case, we are inclined to follow the said order.

We hereby appoint Mr. Justice (Retd.) Ajay Rastogi, former Judge of this Court, as the sole Arbitrator to adjudicate upon and decide the disputes inter se the appellant, M/s. Kalpataru Projects International Limited, and respondent no. 1, Central Organization for Railway Signature Not Verified Electrification.

Digitally signed by

Deepak Guglani Date: 2024.08.17

The learned Arbitrator will make a 16:04:25 IST Reason:

declaration in terms of Section 12 of the Arbitration and 1 Conciliation Act, 1996. The arbitration will be held under the aegis of the India International Arbitration Centre and the fee schedule and rules of the aforementioned Centre will be applicable.

The impugned judgment is set aside and the appeal is allowed in the above terms. The effect thereof would be that the petitions pending before the High Court will be treated as disposed of.

We clarify that we have not expressed any opinion on the merits of the case.

Pending application(s), if any, shall stand disposed of.

..................J. (SANJIV KHANNA) ..................J. (SANJAY KUMAR) NEW DELHI;

AUGUST 14, 2024.





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ITEM NO.39                    COURT NO.2                    SECTION XI

               S U P R E M E C O U R T O F      I N D I A
                       RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No. 2777/2024 (Arising out of impugned final judgment and order dated 14-12-2023 in ARCO No. 34/2023 passed by the High Court of Judicature at Allahabad) M/S. KALPATARU PROJECTS INTERNATIONAL ..... APPELLANT(S) LIMITED VERSUS CENTRAL ORGANIZATION FOR RAILWAY ..... RESPONDENT(S) ELECTRIFICATION & ANR.

(IA No.26273/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.26271/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 14-08-2024 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Ranjit Kumar, Sr. Adv. Mr. Mohit Paul, AOR Mr. Ayush Agrawal, Adv. Mr. Vikrant Singh Bloria, Adv. Mr. Sushant Tomar, Adv. Dr. Sunil Mittal, Adv. Mr. Amit Sagar, Adv.

Ms. Anu Tewari, Adv.

Mr. Sudhir Kumar, Adv. Ms. Rangoli Seth, Adv. Ms. Pallavi Chatterjee, Adv.

For Respondent(s) Ms. Aishwarya Bhati, A.S.G. Ms. Swarupama Chaturvedi, Sr. Adv. Ms. Manisha Chava, Adv. Ms. Radhika Misra, Adv. Ms. Ruchi Kholi, Adv.

Mr. Raman Yadav, Adv.

Ms. Sushma Verma, Adv. Mr. Amrish Kumar, AOR 3 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.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file) 4

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