Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10121 OF 2013
(Arising out of SLP(C) No.18213/2012)
NATIONAL AGR.CO-OP. M.F.O.I.LTD. (NAFED) Appellant(s)
:VERSUS:
M/S. EARTHTECH ENTERPRISES LTD. Respondent(s)
O R D E R
Leave granted.
2. Heard Mr. T.K. Ganju, learned senior counsel
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in support of this appeal and Mr. Manish Gandhi,
learned counsel appearing for the respondent. This
appeal seeks to challenge the order dated 17.11.2011
passed by the Division Bench of the Delhi High Court
whereby the Division Bench has set aside the order
dated 8.4.2011 passed by the learned Single Judge in
O.M.P. No. 276/2011 and I.A. Nos. 5785-86/2011.
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3. The proceeding before the learned Single
Judge was an objection by the respondent herein to
the interim award rendered by the Arbitrator. The
Arbitrator had rendered an interim award on
24.1.2011 directing the respondent herein to pay
Rs.90 crores to the appellant herein. That was on
the basis of an earlier order of the Division Bench
st
of the Delhi High Court dated 1 July, 2009 read
nd
with order dated 22 May, 2009. The earlier order of
the Division Bench had recorded that the
respondent's liability to the extent of Rs.90 crores
was totally undeniable. The respondent had not
challenged that order. That being so, no fault could
be found with the interim award of the Arbitrator
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directing the respondent to pay Rs.90 crores to the
appellant. Learned Single Judge was, therefore,
right in rejecting the objection to the award. The
Division Bench had no reason to interfere therewith.
4. In the circumstances, for the reasons
mentioned above, the impugned order passed by the
Division Bench is set aside, the order of the
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learned Single Judge is restored and the appeal is
allowed accordingly. In the facts and circumstances
of this case, there shall be no order as to costs.
..........................J
(H.L. GOKHALE)
.........................J
(J. CHELAMESWAR)
New Delhi;
November 11, 2013.
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