ITEM NO.8 Court 3 (Video Conferencing) SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 10214/2020 (Arising out of impugned final judgment and order dated 20-06-2019 in CMP No. 207/2017 passed by the High Court Of Karnataka At Bengaluru) M/S FOWLER WESTRUP (INDIA) PRIVATE LIMITED Petitioner(s) VERSUS M/S DEVI CONSTRUCTIONS Respondent(s) (FOR ADMISSION and I.R. and IA No.102348/2020-CONDONATION OF DELAY IN FILING) Date : 29-10-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Ajit S. Bhasme, Sr. Adv. Mr. Pankaj Kumar Mishra, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Having heard Mr. Ajit S. Bhasme, learned Senior Advocate for sometime, in view of Section 11 (6A) of the Arbitration and Conciliation Act, 1996, it is not possible for us to interfere with the High Court judgment. However, Mr. Bhasme informed us that a Section 16 application has been filed before the learned Arbitrator, which will be pursued by him. The learned Arbitrator will decide that application on its own merits without being influenced by any of the observations made by the High Court in the impugned judgment. The Special Leave Petition is disposed of accordingly. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER
M/S FOWLER WESTRUP (INDIA) PRIVATE LIMITED v. M/S DEVI CONSTRUCTIONS
Supreme Court of India | Diary 10214/2020
Status
ROP - of Main Case
Decided On
29-10-2020
Bench
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON'BLE MR. JUSTICE NAVIN SINHA and HON'BLE MR. JUSTICE KRISHNA MURARI
Petitioner
M/S FOWLER WESTRUP (INDIA) PRIVATE LIMITED
Respondent
M/S DEVI CONSTRUCTIONS
Primary Holding
Under Section 11(6A) of the Arbitration and Conciliation Act, 1996, the court's jurisdiction at the appointment stage is limited, precluding interference with a High Court's arbitration appointment order.