RAJENDRA KUMAR TEKRIWAL Vs. M/S UNIQUE CONSTRN.P.LTD.& ORS.

Tags Arbitration
Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 9555 of 2010, Judgment Date: Feb 17, 2016

                                                          NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                         CIVIL APPELATE JURISDICTION

                        CIVIL APPEAL NO. 9555 OF 2010


RAJENDRA KUMAR TEKRIWAL                                          APPELLANT

                                VERSUS

M/S UNIQUE CONSTRN.P.LTD.& ORS.                                RESPONDENTS

                                 WITH

                       CIVIL APPEAL NO. 9556 OF 2010


                             J U D G M E N T

      KURIAN, J.

1.       Heard the learned counsel for the  appellant  and  learned  counsel
for respondents and interveners. Respondent  No.  1  has  also  filed  cross
appeal.  During the course of hearing, we are informed that  the  Arbitrator
is in seisin of the disputes between  the  parties.  Though  the  respondent
No.3 has raised some  contentions  before  this  Court  that  he  is  not  a
necessary party before the Arbitrator, it is for the Arbitrator  to  take  a
call on that submission, since he is already before the Arbitrator.

2.    The main appeal and cross appeal are  dismissed.   The  interim  order
dated 25.02.2010 is vacated.

3.    We make it clear that it will be open to  the  parties  to  raise  all
available contentions before the Arbitrator.  We request the  Arbitrator  to
conclude the proceedings expeditiously preferably within  a  period  of  six
months from today.

4.    In case  any  of  the  parties  enter  into  any  transaction  in  the
interregnum, it is made clear that sale proceeds  will  be  subject  to  the
outcome of the arbitration proceedings.

      5.    In view of the apprehension expressed  by  learned  counsel  for
the appellant, we also make it clear that if the appellant has  any  dispute
with regard to the valuation of any sale transaction, it  will  be  open  to
him to take appropriate action under law.

                                                      ....................J.
                                                          [KURIAN JOSEPH]


                                                        ..................J.
                                                  [ROHINTON FALI NARIMAN]
NEW DELHI;
FEBRUARY 17, 2016
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