Supreme Court - Daily OrdersGammon India Limited vs Shivhare Roadlines & Another on 2 November, 2017Bench:Rohinton Fali Nariman,Sanjay Kishan KaulIN THE SUPREME COURT OF INDIA

                                             CIVIL APPELLATE JURISDICTION


                                        CIVIL APPEAL NOS. 5147-5148 OF 2017

                      M/s. GAMMON INDIA LIMITED                                       ... Appellant

                                                             VERSUS

                      M/s. SHIVHARE ROADLINES & ANOTHER                               ... Respondents



                                                           O R D E RThe present appeals arise from the judgment of the

                      Division Bench of the High Court of Madhya Pradesh, Bench at

                      Gwalior, by which an appeal was allowed from a Single Bench

                      judgment     dated     17.05.2012.            The   upshot     of    the    impugned

                      judgment     is      that    an        Arbitrator,       who    conducted          the

                      arbitration proceedings for several years, has been removed

                      and a fresh Arbitrator has been ordered to be appointed with

                      instructions      to    carry     on    the    proceedings      from       the   stage

                      after recording of the evidence of one witness Suresh C.

                      Shivhare.     The Division Bench stated that the parties are at

                      liberty to file an appropriate application in accordance

                      with   the    provisions        of     the    Act   of   1996       to   appoint    a

                      substituted Arbitrator in accordance with Section 15(2) of

                      the Act of 1996.Signature Not VerifiedHaving heard learned counsel for both the parties, weDigitally signed byNIDHI AHUJADate: 2017.11.0710:44:46 ISTare satisfied that the aforesaid order is a just order andReason:does not warrant exercise of our extraordinary jurisdiction

                      underArticle 136of the Constitution.                   In order to speed upC.A. Nos. 5147-5148/ 2017                                              2the   proceedings,      it     is     necessary     to     also   appoint    a

substitute    Arbitrator       forthwith.         We     therefore,   appoint

Mr.J. P. Avasia, Advocate, High Court of Bombay, resident of

B-19, Keval Mahal, 64, Marine Drive, Mumbai-400 020 (Mobile

No. 09820095447) to be the sole Arbitrator to enter upon the

reference, hear the parties from the stage from which the

earlier    Arbitrator    left       the    proceedings,     and   deliver   an

Award within the time frame stipulated in the newly amendedArbitration Act.It   will   be    open    for       Shri   Manish    Singhvi,   learned

counsel for the appellant, to file an amended statement of

defence before the said Arbitrator, which will be subject to

objections taken by learned counsel for the respondents.The present appeals are disposed of accordingly..........................., J.[ ROHINTON FALI NARIMAN ]




                                .........................., J.[ SANJAY KISHAN KAUL ]

New Delhi;November 02, 2017.C.A. Nos. 5147-5148/ 2017                                        3ITEM NO.109                     COURT NO.12                SECTION IV-A

                 S U P R E M E C O U R T O F         I N D I A
                         RECORD OF PROCEEDINGSCivil Appeal Nos. 5147-5148/2017

M/s. GAMMON INDIA LIMITED                                  Appellant(s)

                                      VERSUS

M/s. SHIVHARE ROADLINES & ANOTHER                          Respondent(s)


Date : 02-11-2017 These appeals were called on for hearing today.


CORAM :HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
          HON'BLE MR. JUSTICE SANJAY KISHAN KAUL


For Appellant(s)
                      Dr. Manish Singhvi, Adv.
                      Mr. Aniruddh Singh, Adv.
                      Mr. Sunil Singh Parihar, Adv.
                      Mr. Prashant Kumar, Adv.
                      M/s. AP & J Chambers, AOR

For Respondent(s)
                      Mr. Sunil Jain, Sr. Adv.
                      Mr. Puneet Jain, Adv.Mr. Ardhendumauli Kumar Prasad, AOR

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

            The appeals are disposed of in terms of the signed
   order.(NIDHI AHUJA)                      (SAROJ KUMARI GAUR)
            COURT MASTER                           COURT MASTER[Signed order is placed on the file.]