S. P. Velayutham vs. Emaar Mgf Land Limited

ITEM NO.5 Virtual Court 5 SECTION XII

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

Miscellaneous Application No(s). 856/2020 in SLP(C)No.28245/2019

S. P. VELAYUTHAM & ANR. Petitioner(s)

VERSUS

M/S. EMAAR MGF LAND LIMITED Respondent(s) (FOR ADMISSION and IA No.28222/2020-CLARIFICATION/DIRECTION ) Date : 20-05-2020 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Ms. Meenkasshi Arora,Sr.Adv. Ms. Shakun Sharma, AOR Ms. Mary Mitzy,Adv. Mr. Nikhil,Adv.

For Respondent(s) Mr. K.V. Vishwanathan,Sr.Adv. Applicant Mr. Susmit Pushkar, AOR Mr. S. Mohammed Raiz,Adv. Mr. Venkatraman R.,Adv.

UPON hearing the counsel the Court made the following O R D E R

The Court is convened through video conferencing.

We have heard Mr. K.V. Vishwanathan, learned senior counsel appearing on behalf of the applicant/respondent.

In SLP(C)Diary No. 37485 of 2019 on 29.11.2019 we have passed the following order:

"The impugned order has been passed by the learned Single Judge of the Madras High Court against which the appeal is to be filed only before Division bench of the Madras High Court. The special leave petition is disposed of by giving

liberty to the petitioner to work out their remedy in accordance with law".

The applicant is the plaintiff in the suit and the respondent in the special leave petition seeks clarification of the order dated 29.11.2019.

Mr. K.V. Vishwanathan, learned senior counsel submits that as against the order passed by the High Court dated 04.12.2018, the appeal is not maintainable under the Commercial Courts Act and therefore seeks a clarification from Court that this Court has not expressed any opinion on the maintainability of the appeal.

The order dated 29.11.2019 is clarified that we have not expressed any opinion on the merits of the matter or on the question of admissibility of the appeal before the Division Bench. Both parties are at liberty to raise all the contentions before the High Court on the maintainability of the appeal as well as on merits.

We make it clear that we have not expressed any opinion either on maintainability of the appeal or on the merits of the matter.

If any party is aggrieved by the order passed by the High Court, either party is at liberty to approach the Supreme Court.

Misc. Application is disposed of.

(MADHU BALA) (BEENA JOLLY) AR-CUM-PS BRANCH OFFICER

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