M/S. Dharmendra
Construction Co. Vs. State of Rajasthan & Ors. [2008] INSC 1116 (14 July
2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO...........OF 2008
(Arising out of SLP) No.9037 of 2007) M/s. Dharmendra Construction Co.
...Appellant VERSUS State of Rajasthan & Ors. ...Respondents
O R D E R
1.
Leave
granted.
2.
Heard
the learned counsel for the parties.
3.
It
has now been brought to the notice of this Court that the civil suit filed by
the appellant has already been withdrawn. A copy of the same has already been
filed in this Court with an affidavit. In this view of the matter, the impugned
order is set aside and the High Court is directed to decide the application
filed by the appellant under Section 11 of the Arbitration and Conciliation
Act, 1996 for appointment of an Arbitrator which was registered as S.B.
Arbitration Application NO.6 of 2005 before the High Court of Judicature for
Rajasthan, Jaipur Bench. It is expected that the said application shall be decided
by the High Court as early as possible preferably within six months from the
date of supply of a copy of this order.
4.
We,
however, make it clear that we have not gone into the merits of the application
under Section 11 of the Arbitration and Conciliation Act which shall be decided
by the High Court in accordance with law.
5.
For
the reasons aforesaid, the impugned order is set aside and the appeal is
allowed to the extent indicated above. There will be no order as to costs.
...................................................J.
[TARUN CHATTERJEE]
New
Delhi. .................................................J.
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