2 ITEM NO.30 COURT NO.7 SECTION XVI 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).8404/2016 (Arising out of impugned final judgment and order dated 07/03/2016 in AST No. 86/2016 passed by the High Court of Calcutta) M/S E.C. BOSE AND COMPANY PRIVATE LTD. Petitioner(s) VERSUS THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA AND ORS. Respondent(s) (with appln. (s) for exemption from filing c/c of the impugned judgment and permission to file additional documents and interim relief and office report) WITH S.L.P.(C)...CC No. 5928-5929/2016 (With appln.(s) for permission to file SLP without c/copy as well as plain copy of impugned order and appln.(s) for exemption from filing c/copy as well as plain copy of the impugned order and Interim Relief and Office Report) Date : 11/04/2016 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. M.C. Dhingra, Adv. Mrs. Priya Puri, AOR Mr. Saikesh Gupta, Adv. Ms. Churchi Mandakini, Adv. Mr. Ranjay Kr. Dubey, Adv. S.L.P.(C)...CC No. 5928-5929/2016 Mr. Mukul Rohatgi, AG Mr. Parag P. Tripathi, Sr. Adv. Mr. A. V. Rangam, AOR Mr. Buddy A. Ranganadhan, Adv. Mr. D.V. Raghu Vamsy, Adv. Ms. Anasuya Choudhury, Adv. For Respondent(s) Mr. Mukul Rohatgi, AG Mr. Parag P. Tripathi, Sr. Adv. Mr. A. V. Rangam, AOR Mr. Buddy A. Ranganadhan, Adv. Mr. D.V. Raghu Vamsy, Adv.
2 S.L.P.(C)...CC No. 5928-5929/2016 Mr. M.C. Dhingra, Adv. Mrs. Priya Puri, AOR Mr. Saikesh Gupta, Adv. Ms. Churchi Mandakini, Adv. Mr. Ranjay Kr. Dubey, Adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) No.8404/2016 The special leave petition is dismissed. S.L.P.(C)...CC No. 5928-5929/2016 We have heard learned counsel for the parties. In respect of the impugned order dated 7 th March, 2016 passed by the High Court of Calcutta, in our opinion, the High Court having held that it has no jurisdiction to entertain the matter and the dispute should be referred to arbitration, it was not appropriate for the High Court to issue directions in regard to bank guarantee and the letter of intent. The directions are vacated. We also make it clear that the Authority before whom M/s. E.C. Bose & Company Private Ltd. may choose to proceed will not be influenced by the order passed by the High Court. With the above observations, the special leave petitions are disposed of. Pending applications are disposed of. (SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER
SECTIONXVI LISTED On :11/04/2016 COURT No. :7 ITEM No. :30 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (Civil) No. 8404 of 2016 (With Prayer For Interim Relief) WITH INTERLOCUTORY APPLICATION Nos. 1, 2 & 3 (Applications for exemption from filing certified copy of impugned order, permission to file additional documents & permission to file additional documents) WITH INTERLOCUTORY APPLICATION Nos. 12 & 34 (Applications for permission to file SLP & exemption from filing certified copy as well as plain copy of the impugned order ) IN PETITIONS FOR SPECIAL LEAVE TO APPEAL (Civil)CC Nos. 59285929 of 2016 (With Prayer for Interim Relief) WITH INTERLOCUTORY APPLICATION No (Applications for exemption from filing certified copy of the impugned final judgment M/S. E.C. BOSE & CO PVT. LTD. & ORS. ETC. ... Petitioners Versus THE BOARD OF TRUSTEES OF THE PORT OF CALCUTTA & ORS. ETC. ... Respondents OFFICEREPORT SLP(C) No. 8404 of 2016 abovementioned has been filed by Ms. Priya Puri, Advocate against the judgment and Order dated the 7/03/2016 of the High Court of Calcutta in AST No. 86 of 2016. It is submitted that in view of letter of undertaking, Ms. Priya Puri, Advocate for the Petitioner has on 31.03.2016 filed application for permission to file additional documents with Annexures A1 to A16 as additional documents. The application is registered as IA. No. 2 and the same has been included in paperbooks.
2 It is further submitted that Ms. Priya Puri, Advocate for the Petitioner has on 6.04.2016 filed Permission to file additional documents with Annexures P1 to P7 as additional documents. The application is registered as IA. Nos. 3 and the same is being circulated before the Hon'ble Court. SLP(C) Nos. 59285929 of 2016 abovementioned have been filed by Mr. A.V. Rangam, Advocate against the judgment and Order dated the 7/03/2016 of the High Court of Calcutta in ASTA No. 23 of 2016 & AST No. 86 of 2016 arising from WP No. 3474(W) of 2016. It is submitted that the instant matter is tagged with SLP(C) No. 8404 of 2016 as both are arising out of same judgment and filed between cross parties. It is further submitted that Mr. A.V. Rangam, Advocate for the Petitioner has on 30.03.2016 filed Volume II & III as additional documents and the same has been included in the paperbooks. It is lastly submitted that Mr. A.V. Rangam, Advocate for the Petitioner has on 30.03.2016 filed application for exemption from certified copy of the impugned final judgment and the same has been included in the paperbooks. The matters abovementioned are listed before the Hon'ble Court with this Officereport. Dated this the 9 th day of April, 2016. Assistant Registrar Copy to: Ms. Priya Puri, Advocate Mr. A.V. Rangam, Advocate Assistant Registrar AY
(2ITEM NO.30 COURT NO.7 SECTION XVI 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).8404/2016(Arising out of impugned final judgment and order dated 07/03/2016in AST No. 86/2016 passed by the High Court of Calcutta)M/S E.C. BOSE AND COMPANY PRIVATE LTD. Petitioner(s) VERSUSTHE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA AND ORS. Respondent(s)(with appln. (s) for exemption from filing c/c of the impugnedjudgment and permission to file additional documents and interimrelief and office report)WITHS.L.P.(C)...CC No. 5928-5929/2016(With appln.(s) for permission to file SLP without c/copy as wellas plain copy of impugned order and appln.(s) for exemption fromfiling c/copy as well as plain copy of the impugned order andInterim Relief and Office Report) Date : 11/04/2016 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s) Mr. M.C. Dhingra, Adv. Mrs. Priya Puri, AORMr. Saikesh Gupta, Adv.Ms. Churchi Mandakini, Adv.Mr. Ranjay Kr. Dubey, Adv. S.L.P.(C)...CC No. 5928-5929/2016 Mr. Mukul Rohatgi, AGMr. Parag P. Tripathi, Sr. Adv.Mr. A. V. Rangam, AORMr. Buddy A. Ranganadhan, Adv.Mr. D.V. Raghu Vamsy, Adv.Ms. Anasuya Choudhury, Adv.For Respondent(s) Mr. Mukul Rohatgi, AGMr. Parag P. Tripathi, Sr. Adv.Mr. A. V. Rangam, AORMr. Buddy A. Ranganadhan, Adv.Mr. D.V. Raghu Vamsy, Adv.2 S.L.P.(C)...CC No. 5928-5929/2016Mr. M.C. Dhingra, Adv. Mrs. Priya Puri, AORMr. Saikesh Gupta, Adv.Ms. Churchi Mandakini, Adv.Mr. Ranjay Kr. Dubey, Adv. UPON hearing the counsel the Court made the following O R D E RSLP(C) No.8404/2016 The special leave petition is dismissed.S.L.P.(C)...CC No. 5928-5929/2016 We have heard learned counsel for the parties. In respect of the impugned order dated 7 th March, 2016passed by the High Court of Calcutta, in our opinion, theHigh Court having held that it has no jurisdiction toentertain the matter and the dispute should be referredto arbitration, it was not appropriate for the High Courtto issue directions in regard to bank guarantee and theletter of intent. The directions are vacated. We also make it clear that the Authority before whomM/s. E.C. Bose & Company Private Ltd. may choose toproceed will not be influenced by the order passed by the
High Court. With the above observations, the special leavepetitions are disposed of. Pending applications are disposed of. (SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER
SECTIONXVI LISTED On :4/04/2016 COURT No. : ITEM No. : IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION INTERLOCUTORY APPLICATION Nos. 12 & 34 (Applications for permission to file SLP & exemption from filing certified copy as well as plain copy of the impugned order ) IN PETITIONS FOR SPECIAL LEAVE TO APPEAL (Civil)CC Nos. 59285929 of 2016 (With Prayer for Interim Relief) WITH INTERLOCUTORY APPLICATION No (Applications for exemption from filing certified copy of the impugned final judgment) THE BOARD OF TRUSTEES OF THE PORT OF CALCUTTA ... Petitioner Versus M/S. E.C. BOSE & CO PVT. LTD. & ORS. ... Respondents OFFICEREPORT The Special Leave Petition abovementioned has been filed by Mr. A.V. Rangam, Advocate against the judgment and Order dated the 7/03/2016 of the High Court of Calcutta in ASTA No. 23 of 2016 & AST No. 86 of 2016 arising from WP No. 3474(W) of 2016. It is submitted that the instant matter is tagged with SLP(C) No. 8404 of 2016 as both are arising out of same judgment and filed between cross parties. It is further submitted that Mr. A.V. Rangam, Advocate for the Petitioner has on 30.03.2016 filed Volume II & III as additional documents and the same is being circulated before the Hon'ble Court. It is lastly submitted that Mr. A.V. Rangam, Advocate for the Petitioner has on 30.03.2016 filed application for exemption from certified copy of the impugned final judgment and the same is being circulated before the Hon'ble Court.
2 The matter abovementioned is listed before the Hon'ble Court with this Officereport. Dated this the 2 nd day of April, 2016. Assistant Registrar Copy to: Mr. A.V. Rangam, Advocate Ms. Priya Puri, Advocate Assistant Registrar AY
SECTIONXVI LISTED On :4/04/2016 COURT No. : ITEM No. : IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (Civil) No. 8404 of 2016 (With Prayer For Interim Relief) WITH INTERLOCUTORY APPLICATION Nos. 1 & 2 (Applications for exemption from filing certified copy of impugned order and permission to file additional documents) M/S. E.C. BOSE & CO PVT. LTD. & ORS. ... Petitioners Versus THE BOARD OF TRUSTEES OF THE PORT OF CALCUTTA & ORS. ... Respondents OFFICEREPORT The Special Leave Petition abovementioned has been filed by Ms. Priya Puri, Advocate against the judgment and Order dated the 7/03/2016 of the High Court of Calcutta in AST No. 86 of 2016. It is submitted that in view of letter of undertaking, Ms. Priya Puri, Advocate for the Petitioner has on 31.03.2016 filed additional documents as Annexures A1 to A16 with application for permission to file the same. The application is registered as IA. No. 2 and the same is being circulated before the Hon'ble Court. The matter abovementioned is listed before the Hon'ble Court with this Officereport. Dated this the 2 nd day of April, 2016. Assistant Registrar Copy to: Ms. Priya Puri, Advocate Mr. A.V. Rangam, Advocate Assistant Registrar AY