Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6888 OF 2012
(Arising out of SLP(C) No.29641/2008)
M/S. DOLPHIN INTERNATIONAL LTD. Appellant(s)
:VERSUS:
M/S. V.O. TYAZHPROMEXPORT Respondent(s)
O R D E R
Leave granted.
We have heard the learned counsel for the
parties.
It has been submitted by Mr. Hansaria,
JUDGMENT
learned senior counsel appearing on behalf of the
appellant that pursuant to the direction of this
Court passed on 15.12.2009, 50% of the amount has
already been deposited with the Registry of this
Court and the remaining 50% amount, as claimed, has
been secured by a Bank Guarantee of Canara Bank in
favour of the Secretary General of this Court. In
that view of the matter, we are of the considered
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opinion that necessary orders are required to be
passed by the Company Court relegating the parties
to the remedy of civil suit/arbitration/mediation or
any other remedy available to them in law.
Consequently, the impugned order passed by
the High Court is set aside and the Company Court is
requested to pass necessary consequential orders as
expeditiously as possible.
With the aforementioned observation and
direction, this appeal is disposed of.
.....................J
(SURINDER SINGH NIJJAR)
JUDGMENT
.....................J
(H.L. GOKHALE)
New Delhi;
September 21, 2012.
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