Yogesh Mehra vs. Enercon Gmbh

º1 ITEM NO.10 COURT NO.2 SECTION IX 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).5021/2017 (Arising out of impugned final judgment and order dated 31/01/2017 in ARBP No.1483/2015 31/01/2017 in NOM No.16/2017 passed by the High Court of Bombay) M/S. MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD. Petitioner(s) VERSUS M/S. PBA INFRASTRUCTURE LTD. Respondent(s) (with interim relief and office report) Date : 21/02/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. Tushar Mehta, ASG Mr. Ravi Prakash, Adv. Mr. Bani Dixit, Adv. M/s D.S.K.Legal For Respondent(s) Mr. Chirag M. Shroff, Adv. UPON hearing the counsel the Court made the following O R D E R Heard Mr.Tushar Mehta, learned Additional Solicitor General for the petitioner and Mr.Chirag M. Shroff, learned counsel for the respondent. It is submitted by Mr.Mehta that the interim order passed by the High Court should be stayed inasmuch as there is a proceeding in question where Section 34 of the Arbitration and Conciliation Act, 1996 should apply. Mr.Chiraf M. Shroff, learned counsel appearing for the respondent contends that the High Court has correctly applied the principle enshrined under Section 36 of the Arbitration and Conciliation (Amendment) Act, 2015. We have been 2 apprised that there are conflicting views of High Court of Delhi and High Court of Bombay. It is urged by Mr.Mehta that if the account is seized, the projects of the petitioner shall come to a standstill. Additionally, it is also put forth by him that the petitioner is a government company and definitely it would not have any difficulty in payment of amount of interest eventually if the court holds against it. In view of the aforesaid, we direct the matter to be listed on 8 th March, 2017 on which date the other similar matters have also been listed. As an interim measure we direct that the attachment of the bank account shall remain stayed. In addition, the direction issued by the High Court in para 8 shall also remain stayed. (Ashok Raj Singh) (H.S. Parasher) Court Master Court Master