Jm Agro Industries vs. Assam Gas Company Ltd

ITEM NO.36 COURT NO.11 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Civil) No.8903/2013 (From the judgment and order dated 04/01/2013 in AA No.22/2012 of The HIGH COURT OF GUWAHATI, ASSAM) EVER ASSAM TEA PVT. LTD. Petitioner(s) VERSUS ASSAM GAS COMPANY LTD. Respondent(s) (With prayer for interim relief) WITH SLP(C) NO. 9058 of 2013 (With prayer for interim relief and office report) Date: 04/03/2013 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR HON'BLE MR. JUSTICE M.Y. EQBAL For Petitioner(s) Mr. Jaideep Gupta, Sr. Adv. Mr. Arijit Mazumdar, ADv. Mr. Abhinav Mukerji, Adv. Mr. Angad Kochhar, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R

We are not inclined to interfere with the order passed by the High Court as, in our opinion, in order to consider the application of the petitioners under Section 9 of the Arbitration and Conciliation Act, 1996, it was necessary for the Court to take a prima facie view with regard to the existence of an arbitration agreement. We, however, make it clear that any future proceedings between the parties shall be decided by the concerned court without being influenced by the prima facie view expressed by the High Court, in the impugned order. The special leave petitions are dismissed accordingly.

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