SECTION XI

IN THE SUPREME COURT OF INDIA

  CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) Nos. 24173-24174 OF 2019

WITH PRAYER FOR INTERIM RELIEF

Process Id: 2098/2019

OFFICE REPORT

The matters above-mentioned were listed before the Hon'ble Court on 30th September, 2019, when the court was pleased to pass the following order:

"Delay condoned. Mr. ANS Nadkarni, learned Additional Solicitor General appearing on behalf of the petitioner has drawn our attention to the General Conditions of Contract 64(3)(a)(i), 64(3)(a)(ii) read with 64(3)(b) and submitted that in view of such clauses, the High Court could not have appointed the sole arbitrator deviating from the agreed terms. In this regard learned ASG has placed reliance upon the judgment of this Court reported in 2017 (4) SCC 665 - Voestalpine Schienen GMBH vs. Delhi Metro Rail Corporation Limited. Learned ASG has also placed reliance upon the judgment of this Court in C.A. No. 3308 of 2019 etc. - Union of India vs. Parmar Construction Company dated 29th March, 2019. Learned ASG inter alia has also raised other contentions. Having regard to above submissions, issue notice. Mr. Sridhar Potaraju, learned counsel appearing on behalf of the respondent who appears on caveat accepts notice . There shall be stay of further proceedings before the Arbitral Tribuanl till the next date of hearing. Three weeks' time is granted to the learned counsel for the respondent to file counter affidavit. Rejoinder affidavit, if any, be filed within two weeks thereafter. List the matter on 19th November, 2019 at 2.00 P.M."

Dated : November 18, 2019

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