Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Miscellaneous Application Nos. 819-820 of 2018
With
Interlocutory Application Nos. 35840 & 35841 of 2018
With
Interlocutory Application Nos. 175463 &
I.A. D.No.175464 of 2018
With
Interlocutory Application Nos. 82238 & 83040 of 2022
In
Special Leave Petition (Civil) Nos.15142-15143 of 2012)
Narsi Creation Pvt. Ltd. and Anr. … PETITIONER(S)
VERSUS
State of Uttar Pradesh and Ors. … RESPONDENT(S)
JUDGMENT
KRISHNA MURARI, J.
The present applications have been filed in a Special Leave Petition,
which was disposed of by this Court by way of an order dated 24.08.2012.
While disposing of the matter, a direction was issued for the same to be referred
to arbitration as stipulated in the MoU entered between the parties. In the same
Signature Not Verified
Digitally signed by
Charanjeet Kaur
Date: 2023.05.13
09:33:14 IST
Reason:
order, a further direction was also issued by this Court to maintain status quo till
the Arbitrators entered reference.
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2. Subsequently, as per the directions of this Court, the arbitration
proceedings commenced, and notice was issued to all the parties involved.
Despite notice being served to the applicant herein, they did not appear before
the Ld. Tribunal, and hence the arbitration proceedings commenced without its
presence.
3. Further, during the arbitration proceedings, the Ld. Tribunal passed an
order on 22.02.2015 for maintaining status quo till the disposal of the said
matter, and despite the counsel for the applicant being present in the said
proceedings, raised no objection to the same.
4. The applicant now, after a lapse of several years, through the present
applications, is seeking to vacate the status quo granted by the tribunal, and
further vacate the rights of the SLP petitioner with respect to the disputed
project.
5. We have heard the learned counsel for the parties in great detail.
6. In the present case at hand, the reliefs sought by the applicant through the
present applications are issues that are already pending adjudication before the
Arbitral Tribunal, and no award has been passed regarding the same as of now.
The provisions of the Arbitration and Conciliation Act,1996, as well as a catena
of judicial pronouncements of this Court have time and again stated that the
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courts normally ought not interfere with arbitral proceedings, especially till the
time an award is not passed.
7. We are further of the opinion that this practice of filing applications in
disposed of SLPs in order to side-step the arbitration process should be
discouraged, and such applications must not be entertained by this Court.
8. In light of the abovementioned discussion, the Miscellaneous Application
and pending IAs stand dismissed. The Parties are at liberty to raise all issues on
merits before the Ld. Arbitral Tribunal which will adjudicate the same in
accordance with law. The Parties are further directed to appear before the Ld.
Tribunal and place a copy of this order before the tribunal for resumption of the
arbitration proceedings. Status-Quo as directed by the Aribtral Tribunal vide
order dated 22.02.2015 to be maintained by the parties till the matter is disposed
of by the Ld. Tribunal.
......................J.
(KRISHNA MURARI)
.....................J.
(SANJAY KAROL)
NEW DELHI;
th
18 April, 2023
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