Full Judgment Text
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PETITIONER:
VALVUE ARMATUREN V.U. BERATUNG GMBH&CO KG
Vs.
RESPONDENT:
NATIONAL FERTILIZER LTD. & ORS.
DATE OF JUDGMENT: 27/07/1998
BENCH:
A.S. ANAND, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
(with Appln (s). for exemption from filing c/c of the
imnpugned Judgment)
Date: 27/07/98 This Petition was called on for hearing
today.
SORAM:
Hon’ble Dr. Justice A.S. Anand
Hon’ble Mr. Justice D.P. Wadhwa
For Petitioner (s)
Mr. Arun Jaitely, Sr. adv.,
Mr. Gpal Jain Adv.,
Mr.R.N. Karanjawala, adv.,
Ms. Nandini Gre, Ms. Seema Sapra,
Mrs. Manik Karanjawala, adv.,
For Respondent (s)
Upon hearing counsel the Court made the following
O R D E R
Mr. Arun Jaitely, learned senior counsel appearing for
the petitioner has drawn our attention to a judgement of
this court in Dresser Rand, S.A. Vs. K.G. Khosla Compressors
Ltd. & Ors (1995 Supp. (3) SCC 181) and in particular, to
paragraph 2, which reads thus:
"2. In a matter of this nature
where question of amenability of a
dispute to internatinal arbitration
arise it is not proper to let loose
and keep at large orders of
injuction of this kind for unduly
long periods. It is inconsistent
with the principles governing
international arbitration. It is of
utmost importance for the domestic
courts to be circumspect in
granting such interlocutory
interdictions. At any rate, the
court must ensure that the a
matters are dealt with and disposed
of with utmost despatch. "
After hearing Mr. Jaitely and perusing the record, we
are of the opinion that the issue relating to the vacation
or continuance of the stay order, which had been obtained by
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the respondent in Suit N. 3737/91, as early as in 29.11.1991
and is still in peratin requires to be settled
expeditiously. The issue has not been disposed of although
almost seven years have elapsed. In the nature of the
dispute pending before the Court, issue relating to
interlocutory interdictions need to be disposed of with
utmost despatch.
While not being inclined to interfere with an order
adjourning the decisin of issue in excersie of our
jurisdication under Article 136 of the Constitution of
India, we, however, consider it appropriate to request the
High Court to dispose of the issue concering the vacation or
otherwise of the injunction expeditiously and as far as
possible before 31.12.1998.
With these observatins, the special leave petition is
disposed of.