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FAO(OS) (COMM) 178/2018, CAV No.730/2018 & CM Nos.32535-
37/2018 SHRACHI DEVELOPERS PVT LD & ORS Appellants
Through: Mr. Pradeep Aggarwal, Mr. Karan Khanna & Mr. Arjun Aggarwal, Advockes
Through: Mr. Surjendu Das & Ms. Amee Rana, Advocates for respondent No.1
Mr. Jaideep Gupta, Senior Advocate with Mr. Aniket Bhattacharyya, Advocate forrespondent Nb,s.'2 and3
SHRACHI REALTY PVT LD&ANR Appellants
Through: Mi-. Jaideep Gupta, Senior Advocate with Mr. Aniket Bhattacharyya, Advocate
SRS INVESTMENTS BENGAL TIGER LTD & ORS... Respondents
Through: Mr. Surjendu Das & Ms. Amee Rana, Advocates for respondent No.1
Mr. Pradeep Aggarwal, Mr. Karan Khanna & Mr. Arjun Aggarwal, I Advocates for respondent Nos.2 to 5
HON'BLE MR. JUSTICE CHANDER SHEKHAR 2018:DHC:9147-DB
14.08.2018 These appeals impugn the order dated 22.5.2018 passed by the learned Single Judge on application/objections filed by Ravi Todi and
Sarika Todi, under Section 34 of the Arbitration & Conciliation Act, 1996 ('A&C Act'). The order, a shortone, reads:
"Counsel for respondent no.l submits that the reference to 'respondents' in the Impugned Award dated 5'^ October, 2017 and/or in the clarification order dated 4"" October, 2017 is only to respondent nos.l to 6 in the arbitration proceedings and not to respondent nos.7 and 8, the petitioners herein. He submits that the Impugned Award is not passed against the petitioners herein and therefore, the present petition is not maintainable as it has beenfiled under a misconception that the Award is also against the petitioners. The counsel for respondent no. 1 clarifies that there is no Award against the petitioners herein.
Having recorded the above clarification, the present petition is disposed ofas infructuous. "•
ORDER
2. The appellants have filed separate objections under Section 34 ofthe A&C Act, which are pending before the learned SingleJudge.
3. The impugned order, on the objections filed by Ravi Todi and Sarika Todi, does not determine and decide any issue and controversy. It merely records the statement made on behalf of s respondent No.1, i.e., SRS Investments Bengal Tiger Ltd. On, the basis of the said statement, the objections filed by Ravi Todi and Sarika Todi have been disposed of as infructuous.
4. Learned Senior Counsel for the appellant submits that the impugned order modifies the Award dated 5.10.2017, as clarified vide order dated 4.10.2017. This is not stated and observed in the impugned order. On the basis of the statement made by counsel for the first respondent, objections filed by Ravi Todi and Sarika Todi ^have been disposed of as infructuous.
5. The second submission is that the Award carinot be clarified by a statement on behalf of a party. Impugned order does not clarify and interpret the award. No controversy and Us has been adjudicated and decided. The appellants have filed objections and can raise pleas and contentions open to them before the learned Single Judge.;
6. Recording'the aforesaid, the appeals are dismissed. Caveat and all pending applications are also disposed of.
AUGUST 14,2018 tp SANJIVKHANNA,J [AN^^! CHANDER SHEKHAR, J