M/S RANA BUILDERS vs THE STATE OF PUNJAB - 2024-02-09

O R D E R

1. Leave granted.

2. These appeals arise out of the order dated 20.01.2023 allowing Section 11 of the Arbitration and Conciliation Act, 1996 subject to the appellant complying with the pre-deposit clause (viii) and dismissing the Review Petition on 10.03.2023.

3. While issuing notice, this Court passed the following order on 21.04.2023;

“Applications for exemption from filing official translation and permission to file additional documents/facts/annexures are allowed.

Learned counsel for the petitioner contends that though the order is in petitioner’s favour, the last sentence of the order “including the condition of pre-deposit” is contrary to the judgment of this Court in ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board & Anr. Reported in (2019) 4 SCC 401.

Notice issue limited to the aforesaid extent.

In the meantime, the arbitration can continue without the requirement of the condition of pre- deposit.

Dasti in addition through standing counsel.”

4. It is evident from the above that the arbitration proceedings were directed to be continued without insisting on the pre- condition. We are informed that the arbitration has commenced and it is proceeding.

5. In view of the fact that the arbitration is proceeding, we consider it appropriate to confirm the interim order dated 21.04.2023 and dispose of the Civil Appeal.

6. Though the learned counsel for the respondents submits that the issue is not covered by the decision of this Court in ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board & Anr. [(2019) 4 SCC 401], without examining the point of distinction, we dispose of the Civil Appeals in terms of our above direction after keeping the question of law open.

7. Civil Appeals stands allowed and the judgments and orders of the High Court in Arbitration Case No. 309 of 2022 dated 20.01.2023 and RA-CR No.32 of 2023 dated 10.03.2023 are set aside.

.......................J.

[PAMIDIGHANTAM SRI NARASIMHA]

.......................J.

[ARAVIND KUMAR]

New Delhi;

February 9, 2024.

ITEM NO.53 COURT NO.16 SECTION IV-B 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). 7492-7493/2023 (Arising out of impugned final judgment and order dated 20-01-2023 in ARBC No. 309/2022 10-03-2023 in RACR No. 32/2023 passed by the High Court Of Punjab & Haryana At Chandigarh)

M/S RANA BUILDERS Petitioner(s)

VERSUS THE STATE OF PUNJAB & ORS. Respondent(s)

Date : 09-02-2024 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Ankit Swarup, AOR Mr. Sunil Gupta, Adv.

Mr. Rishi Bhargava, Adv.

Ms. Yashvi Aswani, Adv.

For Respondent(s) Ms. Nupur Kumar, AOR Mr. Ambuj Tiwari, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The Civil Appeals are allowed of in terms of the signed order.

Pending applications, if any, also stand disposed of.

(INDU MARWAH) (NIDHI WASON)

COURT MASTER (SH) COURT MASTER (NSH)

(signed order is placed on the file)