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R E V I S E D

ITEM NO.1501 COURT NO.8 SECTION III

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 13129/2021

(Arising out of impugned final judgment and order dated 17-08-2021

in SCA No. 10492/2021 passed by the High Court Of Gujarat At

Ahmedabad)

ARCELOR MITTAL NIPPON STEEL INDIA LTD. Petitioner(s)

VERSUS

ESSAR BULK TERMINAL LTD. Respondent(s)

Date : 14-09-2021 This petition was called on for pronouncement of

judgment today.

For Petitioner(s)

Mr. Darius Khambata, Sr. Adv.

Mr. Mihir Thakhore, Sr. Adv.

Mr. Manu Nair, Adv.

Mr. Rishab Gupta, Adv.

Mr. Sairam Subramanian, Adv.

Mr. Neelabh Shreesh, Adv.

Ms. Juhi Gupta, Adv.

Ms. Swagata Ghosh, Adv.

Ms. Archismita Raha, Adv.

Mr. Saloni Gupta, Adv.

Mr. S. S. Shroff, AOR

For Respondent(s)

Mr. E. C. Agrawala, AOR

Hon’ble Ms. Justice Indira Banerjee pronounced the judgment of

the Bench consisting of Her Ladyship and Hon’ble Mr. Justice

J.K. Maheshwari.

Leave granted.

For the reasons discussed in the signed reportable judgment,

the appeal is allowed only to the extent of clarifying that it

shall not be necessary for the Commercial Court to consider the

efficacy of relief under Section 17, since the application under

Digitally signed by

SUNIL KUMAR

Date: 2021.09.22

11:05:04 IST

Reason:

Signature Not Verified

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Section 9 has already been entertained and considered by the

Commercial Court. The judgment and order under appeal does not,

otherwise, call for interference.

Pending application(s), if any, stand disposed of.

(MANISH ISSRANI) (MATHEW ABRAHAM)

COURT MASTER (SH) COURT MASTER (NSH)

[CORRECTED SIGNED REPORTABLE JUDGMENT IS PLACED ON THE FILE]

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ITEM NO.1501 COURT NO.8 SECTION III

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 13129/2021

(Arising out of impugned final judgment and order dated 17-08-2021

in SCA No. 10492/2021 passed by the High Court Of Gujarat At

Ahmedabad)

ARCELOR MITTAL NIPPON STEEL INDIA LTD. Petitioner(s)

VERSUS

ESSAR BULK TERMINAL LTD. Respondent(s)

Date : 14-09-2021 This petition was called on for pronouncement of

judgment today.

For Petitioner(s)

Mr. Darius Khambata, Sr. Adv.

Mr. Mihir Thakhore, Sr. Adv.

Mr. Manu Nair, Adv.

Mr. Rishab Gupta, Adv.

Mr. Sairam Subramanian, Adv.

Mr. Neelabh Shreesh, Adv.

Ms. Juhi Gupta, Adv.

Ms. Swagata Ghosh, Adv.

Ms. Archismita Raha, Adv.

Mr. Saloni Gupta, Adv.

Mr. S. S. Shroff, AOR

For Respondent(s)

Mr. E. C. Agrawala, AOR

Hon’ble Ms. Justice Indira Banerjee pronounced the judgment of

the Bench consisting of Her Ladyship and Hon’ble Mr. Justice

J.K. Maheshwari.

Leave granted.

For the reasons discussed in the signed reportable judgment,

the appeal is allowed only to the extent of clarifying that it

shall not be necessary for the Commercial Court to consider the

efficacy of relief under Section 17, since the application under

Section 9 has already been entertained and considered by the

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Commercial Court. The judgment and order under appeal does not,

otherwise, call for interference.

Pending application(s), if any, stand disposed of.

(MANISH ISSRANI) (MATHEW ABRAHAM)

COURT MASTER (SH) COURT MASTER (NSH)

[SIGNED REPORTABLE JUDGMENT IS PLACED ON THE FILE]