Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELATE JURISDICTION
CIVIL APPEAL NO. 9555 OF 2010
| APPE | |
|---|---|
| RAJENDRA KUMAR TEKRIWAL<br>VERSUS<br>M/S UNIQUE CONSTRN.P.LTD.& ORS.<br>WITH<br>CIVIL APPEAL NO. 9556 OF 2010<br>J U D G M E N T<br>KURIAN, J.<br>. Heard the learned counsel for the |
No. 1 has also filed cross appeal. During the course of
JUDGMENT
hearing, we are informed that the Arbitrator is in seisin
of the disputes between the parties. Though the respondent
No.3 has raised some contentions before this Court that he
is not a necessary party before the Arbitrator, it is for
the Arbitrator to take a call on that submission, since he
is already before the Arbitrator.
2. The main appeal and cross appeal are dismissed. The
interim order dated 25.02.2010 is vacated.
1
Page 1
3. We make it clear that it will be open to the parties
to raise all available contentions before the Arbitrator.
We request the Arbitrator to conclude the proceedings
expeditiously preferably within a period of six months from
today.
4. In case any of the parties enter into any transaction
in the interregnum, it is made clear that sale proceeds
will be subject to the outcome of the arbitration
proceedings.
5. In view of the apprehension expressed by learned
counsel for the appellant, we also make it clear that if
the appellant has any dispute with regard to the valuation
of any sale transaction, it will be open to him to take
appropriate action under law.
....................J.
[KURIAN JOSEPH]
.. ..................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
FEBRUARY 17, 2016
JUDGMENT
2
Page 2