Partha Sadan Bose (Dead Through Lrs) vs. Sugesan Transport Private Limited

ITEM NO.23

COURT NO. $5$

SECTION XVII

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Civil Appeal No(s). 2914/2020

PARTHA SADAN BOSE (DEAD THROUGH LRS) Appellant(s)

VERSUS

M/S SUGESAN TRANSPORT PRIVATE LIMITED & ANR. $respondent(s)$

IA No. 19259/2021 - APPLICATION FOR PERMISSION IA No. 142502/2021 - APPROPRIATE ORDERS/DIRECTIONS IA No. 51238/2021 - EARLY HEARING APPLICATION IA No. 50196/2021 - STAY APPLICATION <pre>IA No. 73158/2020 - STAY APPLICATION)</pre>

Date: 10-01-2023 This matter was called on for hearing today.

• HON'BLE MR. JUSTICE AJAY RASTOGI CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI
• For Appellant(s) Mr. Rakesh Kumar, AOR

For Respondent(s) Mr. Gopal Singh, AOR

Mr. Abhimanyu Bhandari, Adv. Mr. Udian Sharma, Adv. Mr. Aarzoo Aneja, Adv. Mr. Kshitij Mudgal, Adv. Mr. Vikalp Mudgal, AOR Mr. Jaitegan Singh Khurana, Adv.

Mr. Snehasish Mukherjee, AOR

UPON hearing the counsel the Court made the following $0$ R D E R

It is informed that notice was issued on 23.11.2020 and there is no interim protection granted by this Court and National Company Tribunal is at liberty to proceed with the matter in accordance $\mathbb{Z}^{\mathbb{S}}$ th law. At the same it is also informed that arbitration proceedings were initiated and award came to be passed on 01.12.2020 against which proceedings under Section 34 of the Act were instituted. It is further informed that after the matter being heard on 23.12.2021 it was reserved for pronouncement of judgment.

Learned counsel for the respondents informs that probably they are awaiting the order of this Court before passing the judgment in the arbitral proceedings.

We make it clear that let the arbitration proceedings pending before the High Court may be decided on its own merits in accordance with law as expeditiously as possible without awaiting the orders in the present appeal.

List the appeal in the last week of February, 2023.

(VIRENDER SINGH) (ASHWANI KUMAR) BRANCH OFFICER ASTT. REGISTRAR-cum-PS