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2019 Supreme(SC) 1007

ROHINTON FALI NARIMAN, R.SUBHASH REDDY, SURYA KANT
MAYAVTI TRADING PVT. LTD. – Appellant
Versus
PRADYUAT DEB BURMAN – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Mukul Rohatgi, Sr. Adv. Mr. Utpal Majumdar, Adv. Ms. Ranjeeta Rohatgi, AOR Ms. Samten Doma, Adv. Mr. Abhishek Thakral, Adv. Mr. Sagnik Majumdar, Adv.
For the Respondent(s): Mr. Shyam Divan, Sr. Adv. Ms. Sonia Dube, Adv. Ms. Labanyasree Sinha, Adv. Mr. S. Chakraborty, Adv. Ms. Kanchan Yadav, Adv. Ms. Surbhi Anand, Adv. Mr. Bhav Ratan, Adv. For M/s. Victor Moses & Associates, AOR

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JUDGMENT

R.F. Nariman, J.

1) Leave granted.

2) We have heard Mr. Mukul Rohatgi, learned Senior Advocate appearing for the appellant and Mr. Shyam Divan, learned Senior Advocate appearing for the respondent at considerable length.

3) On the facts of this case, we do not propose to interfere with the impugned decision of 12.03.2019 and, therefore, do not find it necessary to exercise our extraordinary jurisdiction under Article 136 of the Constitution of India.

4) Having said this, however, during the course of argument, a recent decision of this Court was pointed out, namely, United India Insurance Company Limited vs. Antique Art Exports Private Limited, (2019) 5 SCC 362. In this judgment, purportedly following Duro Felguera, S.A. vs. Gangavaram Port Limited, (2017) 9 SCC 729, this Court held:

“20. The submission of the learned counsel for the respondent that after insertion of sub-section (6-A) to Section 11 of the Amendment Act, 2015 the jurisdiction of this Court is denuded and the limited mandate of the Court is to examine the factum of existence of an arbitration and relied on the judgment in Duro Felguera, S.A. v. Gangavaram Port Ltd. [(2017) 9 SCC 729 : (2017) 4 SCC (Civ) 764] The

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