SECTION XVI-A

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

INTERLOCUTORY APPLICATION NOS. 92757 & 96946 OF 2022

(Applications for Intervention)

IN

ARBITRATION PETITION No. 38 OF 2020

Process Id: 895/2022

OFFICE REPORT

The matter above mentioned was listed before Hon'ble Court, on 06th May, 2022 , was pleased to pass the following order:

"Hon'ble the Chief Justice of India has pronounced the Reportable Judgment of the Bench comprising His Lordship, Hon'ble Mr.Justice Surya Kant and Hon'ble Mr. Justice A.S. Bopanna. Hon'ble Mr. Justice Surya Kant has pronounced a separate Reportable Judgment. 

 Hon'ble the Chief Justice of India and Hon'ble Mr. Justice A.S. Bopanna have doubted the correctness of earlier three Judge Bench decision in "Chloro Controls India Private Limited Vs. Severn Trent Water Purification Inc. & Anr." (2013) 1 SCC 641 and have referred the matter to a larger Bench for determination of the questions formulated in paragraph 50 of the Judgment. 

 On the other hand, Hon'ble Mr. Justice Surya Kant has held that the view taken by the three Judge Bench in the decisions of "Chloro Controls India Private Limited Vs. Severn Trent Water Purification Inc. & Anr." and "Cheran Properties Ltd. Vs. Kasturi and Sons Ltd. & Ors." (2018) 16 SCC 413 is correct in law. However, His Lordship has concurred with the view that the matter be referred to a larger Bench for determination of the substantial questions of law as formulated in paragraph 48 of His Lordship's judgment. 

 The Registry is directed to place the paper of the present petition before Hon'ble the Chief Justice of India on the administrative side for constituting a Bench of five judges."

It is submitted that M/s. Gagrat & Co. Advocates has on 11.07.2022 and 16.07.2022 filed two separate applications for Intervention alongwith Vakalatnama and memo of appearance after serving its copy on the other side. The said applications have been registered as Interlocutory Application Nos. 92757 & 96946 of 2022 respectively. Copy of the same has been placed alongwith main matter Arbitration Petition paper books.

Service of notice is complete on both respondents.

The applications in the Petition above-mentioned is listed before the  Hon'ble Judge in Chamber with this Office Report.

Dated : July 23, 2022