IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (arising out of SLP(C) No. 10025 of 2023)

M/S. RANGANATH PROPERTIES PVT. LTD $APPELLANT(S)$ & ORS.

VERSUS

PHOENIX TECH ZONE PVT. LTD & ORS. $RESPONDENT(S)$ $\cdots$

WITH

CIVIL APPEAL NO. OF 2024 (arising out of SLP(C) No. 28309 of 2023)

ORDER

Leave granted.

Learned counsel for the parties, following this Court's suggestion, state that they agree to leave the question(s) of law open and have an Arbitrator appointed to address the inter se disputes between those appellants, who have not settled the matter, and respondent nos. 1 and 2, Phoenix Tech Zone Pvt. Ltd. and Phoenix Infra Zone Pvt. Ltd., respectively.

Given the statement made, we leave the question(s) of law open and appoint as suggested by the parties, Mr. Justice J. Chelameswar (retd.) as the sole Arbitrator to decide the inter se disputes between the appellants, who have not settled the matter, and respondent Nos. 1 and 2, that is, Phoenix Tech Zone Pvt. Ltd. and Signature Not Verifie Journal of the enix Infra Zone Pvt. Ltd., respectively.

The learned Arbitrator will make a declaration in terms of

$\mathbf{1}$

Section 12 of the Arbitration and Conciliation Act, 1996, and fee in terms of the Fourth Schedule to the said Act, shall be applicable.

The learned Arbitrator will also examine the question of grant of interim stay and can modify/vacate/confirm the interim order passed by this Court on 08.12.2023. The observations made and grant of the said interim order will not be treated as an expression of opinion on the merits.

We clarify that this order will apply only to those appellants who have not settled their disputes with respondent Nos. 1 and 2, namely, Phoenix Tech Zone Pvt. Ltd. and Phoenix Infra Zone Pvt. Ltd., respectively.

We again clarify that we have not expressed any opinion on the merits of the case.

Recording the aforesaid, the appeals are disposed of. Pending application(s), if any, shall stand disposed of.

..................J. (SANJIV KHANNA)

..................J. (SANJAY KUMAR)

..................J. (R. MAHADEVAN)

NEW DELHI; AUGUST 13, 2024.

2

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 (C) No. 10025/2023

(Arising out of impugned final judgment and order dated 24-02-2023 in ARBA No. 72/2022 passed by the High Court for the State of Telangana at Hyderabad)

M/S. RANGANATH PROPERTIES PVT. LTD & ORS. APPELLANT(S)

VERSUS

PHOENIX TECH ZONE PVT. LTD & ORS. ..... RESPONDENT(S)

(IA No. 99088/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

WITH

SLP(C) No. 28309/2023 (XII-A)

(IA No. 246483/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 13-08-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE R. MAHADEVAN

For Petitioner(s)

• Mr. Siddharth Luthra, Sr. Adv.
  • Mr. R. Anand Padmanabhan, Sr. Adv.
  • Mr. Syed Kamran, Adv.
  • Mr. Arjun Verma, Adv.
  • Ms. Santha Smruthi, Adv.
  • Mr. Arimardhan Sharma, Adv.
  • Ms. Ruchi Arya, Adv.
  • Mr. R. Sharath, AOR

For Respondent(s)

• Mr. Ranjit Kumar, Sr. Adv. Mr. D. Abhinav Rao, AOR Mr. Pavan Kumar Rao Polkampally, Adv. Mr. Rahul Jajoo, Adv. Mr. Devadipta Das, Adv. Ms. Prerna Robin, Adv. Mr. C.B. Gururaj, Adv. Mr. Alak Bhat, Adv.
  • Mr. J.P. Bhat, Adv.

Mr. Animesh Dubey, Adv. M/s. Gururaj & Nayak, AOR

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

Leave granted.

The appeals are disposed of in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)