Chairman, Tele., Bhart S. Nigam Ltd v. M/s. Sinclair Infra Tech Ltd

Chairman, Tele., Bhart S. Nigam Ltd v. M/s. Sinclair Infra Tech Ltd

(Supreme Court Of India)

Petitions for Special Leave to Appeal (Civil) Nos. 3430-3431 OF 2005 | 25-02-2005

1. As the respondents are present on caveat formal issuance of service of notice is dispensed with. Having considered the facts of the case, we are of the view that there was an arguable question of law which appears to have been over-looked by the High Court, namely, whether reciprocal obligations under an Award can be enforced unilaterally. We accordingly stay the execution of the Award. The High Court is requested to dispose of both the main appeal from the order rejecting application for setting aside an Award as well as the civil revision petition pertaining to the execution proceedings as expeditiously as is conveniently possible, preferably within three months. The interim order granted by us will continue until the disposal of the Revisional Application . This order, however, will not prevent the respondent from seeking execution of the decree in terms of the Award.

2. The SLPs are disposed of.

Advocate List
Bench
  • HON'BLE JUSTICE MRS. RUMA PAL
  • HON'BLE JUSTICE MR. C.K. THAKKER
Eq Citations
  • 2005 (4) RAJ 185
  • 2005 (SUPPL.) ARBLR 5
  • (2005) 11 SCC 456
  • LQ/SC/2005/277
Head Note