Back
2000 Supreme(SC) 8
2001(4) Supreme 127
SUPREME COURT OF INDIA
S.B. Majmudar & D.P. Mohapatra, JJ.
Mulk Raj Chhabra & Ors. -Petitioners
versus
New Kenil Worth Hotels Ltd. & Anr. -Respondents
Petition for SLP (Civil) No. 14887/1999
Decided on 3-1-2000
Counsel for the Parties :
For the Petitioners : Mr. M.L. Verma, Sr. Advocate, Mr. B.S. Chahar, Mr. Sanjay Yadav, Mr. Vinay Garg, Advocates.
For the Respondents : Dr. A.M. Singhvi, Sr. Advocate, Mr. A.K. Jhunjhunwala, Mr. S. Banerjee, Ms. Purnima Singh, Mr. Suman Jyoti Khaitan, Advocates.
Headnote:Arbitration and Conciliation Act, 1996-Section 37-Special Leave Petition against an order passed under the Act-No interference under Article 136 of Constitution of India needed when impugned order was appealable before Division Bench-Interim order staying proceedings in the suit to continue for six weeks.
ORDER
Having heard learned senior counsel for the parties, we do not deem it fit to interfere under Article 136 of the Constitution of India, with the impugned order which admittedly is appealable before a Division Bench of the High Court under Section 37 of the Arbitration and Conciliation Act, 1996.
2. Learned senior counsel for the petitioner vehemently contended that the allegations made in the counter affidavit are not correct and he may be given time to file rejoinder. We would have granted time for filing a rejoinder, but for the fact that we are disposing of this petition without going into the merits.
3. Learned senior counsel for the respondent does not dispute about the maintainability of the appeal against the impugned order. We, therefore, dispose of this S.L.P. without expressing any opinion on merits. Ad interim order dated 15.10.1999 passed by us staying further proceedings in Suit No. AP 299/1999 will continue for six weeks from today. It is made clear that granting of further interim relief will depend upon the order which the Division Bench in appeal may think fit and proper to grant after hearing the parties. The Special Leave Petition stands disposed of accordingly.
Court Master.
SLP disposed of accordingly.
****************
