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M/S SURI ELECTRICALS AND CERAMICS v. HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD.

Supreme Court of India | Diary 10225/2022

Status

ROP - of Main Case

Decided On

18-04-2022

Bench

HON'BLE MR. JUSTICE VINEET SARAN and HON'BLE MR. JUSTICE J.K. MAHESHWARI

Petitioner

M/S SURI ELECTRICALS AND CERAMICS

Respondent

HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD.

Primary Holding

When a petitioner challenges an interim order of the High Court by approaching the Supreme Court, the Supreme Court will generally decline to interfere on merits and instead direct the High Court to expeditiously decide the pending matter.

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Full Judgment Text

1 ITEM NO.8 COURT NO.9 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). 6575/2022 (Arising out of impugned final judgment and order dated 09-09-2021 in ARB C No. 84/2021 passed by the High Court Of Himachal Pradesh At Shimla) M/S SURI ELECTRICALS AND CERAMICS Petitioner(s) VERSUS HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD. & ANR.Respondent(s) (IA No.53813/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 18-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Ms. Garima Prashad, Sr. Adv. Mr. Sanjay Vashishtha, Adv. Mr. Rupesh Singh, Adv. Dr. Charu Mathur, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R By means of this petition, the petitioner has challenged the order dated 09.09.2021 passed by the High Court granting ex-parte stay against the petitioner. Learned counsel for the petitioner submits that counter affidavit has been filed but the matter has not been heard by the High Court either finally or on question of vacation of the stay order, which is causing immense hardship to the petitioner as MSME proceedings have been stayed. Be that as it may, since the petitioner has approached this

2 Court against the interim order, we would not be inclined to interfere on merits. We, thus, dispose of this special leave petition with a request to the High Court to either finally hear and decide the Arbitration Case No. 84/2021 on the next date itself, and if it is not possible, then the matter may be disposed of within four weeks thereafter. The Special Leave Petition stands disposed of accordingly along with interlocutory application(s), if any. (PRADEEP KUMAR) (ASHWANI THAKUR) (BRANCH OFFICER) AR-CUM-PS

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