Full Text
Translation output
$-5 & 6 HIGH COURT OF DELHI
FAO(OS) 510/2012 & CM No.18341/2012
UNION OF INDIA ..... Appellant
Through: Mr R. S. Prabhu, Advocate.
FAO(OS) 510/2012 & CM No.18341/2012
UNION OF INDIA ..... Appellant
Through: Mr R. S. Prabhu, Advocate.
VERSUS
ASSAM COMPANY LTD ..... Respondent
Through: Mr Parag P. Tripathi, Sr. Advocate with Mr Ayush Aggarwal, Advocate.
Through: Mr Parag P. Tripathi, Sr. Advocate with Mr Ayush Aggarwal, Advocate.
AND
FAO(OS) 120/2013
ASSAM COMPANY INDIA LTD ..... Appellant
Through: Mr Parag P. Tripathi, Sr. Advocate with Mr Ayush Aggarwal, Advocate.
ASSAM COMPANY INDIA LTD ..... Appellant
Through: Mr Parag P. Tripathi, Sr. Advocate with Mr Ayush Aggarwal, Advocate.
VERSUS
UNION OF INDIA ..... Respondent
Through: Mr R. S. Prabhu, Advocate.
Through: Mr R. S. Prabhu, Advocate.
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER o/o 12.11.2013 These appeals have been preferred by the Union of India as well as the Assam Company India Ltd. against the very same order dated
20.07.2012 passed by a learned Single Judge of this Court in OMP
No.56/2012, under Section 9 of the Arbitration & Conciliation Act, 1996.
The said application under Section 9 had been filed on behalf of the Assam
Company India Ltd.
We are now informed that an Arbitral Tribunal has already been constituted and, therefore, the issue of interim directions can be considered by the Arbitral Tribunal. The parties are at liberty to make an application
2013:DHC:6950-DB under Section 17 of the said Act for interim directions. The order passed by the learned Single Judge will not come in the way ofthe Arbitral Tribunal in passing an interim order, however, till then the order passed by the learned
Single Judge shall continue to operate.
This order has been passed without prejudice to all rights and contentions ofthe parties.
The appeals stand disposed of.
NOVEMBER 12, 2013 MK ~ BADAR DURREZ AHMED, J ~
VIBHU BAKHRU, J 2013:DHC:6950-DB
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER o/o 12.11.2013 These appeals have been preferred by the Union of India as well as the Assam Company India Ltd. against the very same order dated
20.07.2012 passed by a learned Single Judge of this Court in OMP
No.56/2012, under Section 9 of the Arbitration & Conciliation Act, 1996.
The said application under Section 9 had been filed on behalf of the Assam
Company India Ltd.
We are now informed that an Arbitral Tribunal has already been constituted and, therefore, the issue of interim directions can be considered by the Arbitral Tribunal. The parties are at liberty to make an application
2013:DHC:6950-DB under Section 17 of the said Act for interim directions. The order passed by the learned Single Judge will not come in the way ofthe Arbitral Tribunal in passing an interim order, however, till then the order passed by the learned
Single Judge shall continue to operate.
This order has been passed without prejudice to all rights and contentions ofthe parties.
The appeals stand disposed of.
NOVEMBER 12, 2013 MK ~ BADAR DURREZ AHMED, J ~
VIBHU BAKHRU, J 2013:DHC:6950-DB
JUDGMENT