IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) NO.9992 OF 2017 KANERIA GRANITO LIMITED & ANR. ... PETITIONER(S) VS. ORIENT BELL LIMITED ... RESPONDENT(S) O R D E R 1. Learned counsel for the petitioners states, that it is not necessary for this Court to examine the legality of the issue being canvassed. This submission has been made on account of the fact, that the rival parties have agreed to nominate their individual arbitrators. So far as the petitioners are concerned, they have nominated the following arbitrator : Shri Jimmi Vrajlal Patel, 202, Palm Avenue, Channi to Gorva Road, Near Gorva Bridge, TP-13, Channi Zakat Naka, Baroda, Gujarat. 2. So far as the respondent is concerned, the respondent has nominated the following arbitrator : Shri Om Bhandari, Om Consultants, No.13, Community Centre, 2 nd Floor, East of Kailash, New Delhi-110065. 3. Intimation of appointment of the afore-mentioned two arbitrators, at the behest of the rival parties, shall be 1
communicated to them by their respective counsel within one week from today. The arbitrators nominated by the rival parties shall appoint the presiding arbitrator within one week thereafter. 4. The special leave petition is disposed of in the above terms. 5. While disposing of this petition, we consider it just and appropriate to clarify, that the seat of arbitration shall be New Delhi. It is also directed/clarified, that the deposit made by the respondent before the Delhi International Arbitration Centre, shall be refunded to the respondent. ........................CJI. [JAGDISH SINGH KHEHAR] .......... ..............J. [Dr. D.Y. CHANDRACHUD] New Delhi; 28 th July, 2017. 2
ITEM NO.18 COURT NO.1 SECTION XIV 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).9992/2017 (Arising out of impugned final judgment and order dated 16-02-2017 in ARBP No.477/2014 passed by the High Court Of Delhi At New Delhi) KANERIA GRANITO LIMITED & ANR. Petitioner(s) VERSUS ORIENT BELL LTD. Respondent(s) Date : 28-07-2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Dinesh Kumar Garg,AOR Mr. Abhishek Kumar Garg,Adv. Mr. Dhananjay Garg,Adv. For Respondent(s) Mr. Kailash Vasudev,Sr.Adv. Mr. Anshuj Dhingra,Adv. Mr. Gourav Gupta,Adv. UPON hearing the counsel the Court made the following O R D E R The special leave petition is disposed of in terms of the signed order. (Sarita Purohit) (Renuka Sadana) Court Master Assistant Registrar (Signed order is placed on the file) 3
ITEM NO.20 COURT NO.1 SECTION XIV 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).9992/2017 (Arising out of impugned final judgment and order dated 16-02-2017 in ARBP No.477/2014 passed by the High Court Of Delhi At New Delhi) KANERIA GRANITO LIMITED & ANR. Petitioner(s) VERSUS ORIENT BELL LIMITED Respondent(s) Date : 21-07-2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Shyam Dewan,Sr.Adv. Mr. Abhishek Garg,Adv. For Mr. Dinesh Kumar Garg,AOR For Respondent(s) Mr. Kailash Vasdev,Sr.Adv. Mr. Anshuj Dhingra,Adv. Mr. Gourav Gupta,Adv. UPON hearing the counsel the Court made the following O R D E R Post for hearing on 28.07.2017. The learned counsel for the respondent states that the name of an Arbitrator will be provided on the next date of hearing. (Sarita Purohit) (Renuka Sadana) Court Master Assistant Registrar
SLP(C)No.9992/17 1 ITEM NO.8 COURT NO.1 SECTION XIV 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).9992/2017 (Arising out of impugned final judgment and order dated 16-02-2017 in ARBP No.477/2014 passed by the High Court of Delhi at New Delhi) KANERIA GRANITO LTD THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR MR. ANIL D. KANERIA & ANR. Petitioner(s) VERSUS ORIENT BELL LTD Respondent(s) Date : 14-07-2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr.Shyam Diwan, Sr.Adv. Mr.Dinesh Kumar Garg, Adv. Mr.Abhishek Garg, Adv. Mr.Dhananjay Garg, Adv. Mr.Deepak Mishra, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard learned senior counsel for the petitioners. Even though, it was pointed out to the learned senior counsel for the petitioners, that Section 10(2) of the Arbitration and Conciliation Act, 1996, was clear on the point, and that, the impugned order was in consonance therewith, learned senior counsel relies on the judgment of this Court in Narayan Prasad Lohia vs. Nikunj Kumar Lohia, (2002) 3 SCC 572, and more particularly to the conclusions drawn in paragraphs 17 and 19 of the judgment, to submit to the contrary.
SLP(C)No.9992/17 2 Issue notice, returnable on 21.07.2017. Dasti, in addition, is permitted. Liberty is granted to the petitioner to serve the respondent through the counsel representing the respondent before the High Court. List on 21.07.2017. (SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASST.REGISTRAR
ITEM NO.17 COURT NO.1 SECTION - XIV 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).9992/2017 (Arising out of impugned final judgment and order dated 16-02-2017 in ARBP No.477/2014 passed by the High Court of Delhi at New Delhi) KANERIA GRANITO LTD AND ANR. Petitioner(s) VERSUS ORIENT BELL LTD Respondent(s) Date : 07-07-2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr.Shyam Diwan, Sr.Adv. Mr.Dinesh Kumar Garg, AOR Mr.Abhishek Garg, Adv. Mr.Dhananjay Garg, Adv. Mr.Deepak Mishra, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R At the request of learned counsel for the petitioner, post for hearing on 14.07.2017. (SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASST.REGISTRAR
ITEM NO.18 COURT NO.1 SECTION XIV 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).9992/2017 (Arising out of impugned final judgment and order dated 16/02/2017 in ARBP No.477/2014 passed by the High Court of Delhi at New Delhi) KANERIA GRANITO LTD AND ANR Petitioner(s) VERSUS ORIENT BELL LTD Respondent(s) (With interim relief and office report) Date : 05/05/2017 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Dinesh Kumar Garg, Adv.(NP) For Respondent(s) Upon hearing the counsel the Court made the following O R D E R Learned counsel for the petitioners has circulated a letter seeking an adjournment on account of his being unwell. List after four weeks, as prayed for. (SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASSISTANT REGISTRAR
Listed On: 05.05.2017 Court No.: 1 Item No. : 18 SECTION:XIV IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) No. 9992 of 2017 WITH PRAYER FOR INTERIM RELIEF KANERIA GRANITO LTD. & ANR. ... PETITIONER S VERSUS ORIENT BELL LTD. ...RESPONDENT OFFICE REPORT It is submitted for the information of the Hon'ble Court that the instant matter has been filed against the Judgment and Order dated 16.02.2017 of the High Court of Delhi at New Delhi in ARB. P. No. 477 of 2014. It is submitted that in view of undertaking letter dated 01.04.2017, counsel for the petitioner has on 18.04.2017 filed requisite document i.e. 2013(2) M.P.L.J. 684 as Annexure P-10 and the same has been included in SLP paper-books. The matter above-mentioned is listed before the Hon'ble Court with this Office Report. DATED THIS THE 4 th DAY OF MAY, 2017. ASSISTANT REGISTRAR Copy to :- Mr. D. K. Garg, Advocate 26, R. K Garg Block, SCI ASSISTANT REGISTRAR P-3/NK
ITEM NO.18 COURT NO.1 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s).9992/2017(Arising out of impugned final judgment and order dated 16/02/2017in ARBP No.477/2014 passed by the High Court of Delhi at New Delhi)KANERIA GRANITO LTD AND ANR Petitioner(s) VERSUSORIENT BELL LTD Respondent(s)(With interim relief and office report)Date : 05/05/2017 This petition was called on for hearing today.CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SANJAY KISHAN KAULFor Petitioner(s) Mr. Dinesh Kumar Garg, Adv.(NP) For Respondent(s) Upon hearing the counsel the Court made the following O R D E R Learned counsel for the petitioners has circulated aletter seeking an adjournment on account of his being unwell.List after four weeks, as prayed for.(SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASSISTANT REGISTRAR