ARBP/37/2014
2021 Latest Caselaw 3284 Ori

ARBP No. 37 of 2014

I.A. No.10 of 2021

13. 05.03.2021 1. The Opposite Party - M/s. Singhal Enterprises Pvt. Ltd. has filed this application seeking recall of the order dated 12th February, 2021 and for re-fixing the date of hearing to today.

2. This application is no longer survives since the matter is taken up today.

3. The I.A. is disposed of.

( Dr. S. Muralidhar ) Chief Justice

ARBP No. 37 of 2014

14. 05.03.2021 1. Heard Mr. Milan Kanungo, learned Senior Advocate for the Petitioner and Mr. Arun Agarwal, learned Senior Advocate for the Opposite Party No.2.

2. A three judge Bench of the Supreme Court in N.N. Global Merchantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2021 SCC Online SC 13, decided on 11th January, 2021 while overruling the judgment of two-Judge Bench in SMS Tea Estates Private Limited v. Chandmari Tea Company Pvt. Ltd., (2011) 14 SCC 66 and disagreeing with the judgment of a coordinate Bench of three Judges in Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd. (2019) 9 SCC 209 as well as another coordinate Bench in Vidya Drolia v. Durga Trading Corporation, 2019 SCC Online SC 358 (decision dated 28th February, 2019 in Civil Appeal No.2402 of 2019) [which

incidentally also approves Garware Wall Ropes Ltd. (supra)], referred to the question of the correctness of the decision in Garware Wall Ropes Ltd. (supra) and affirmed by Vidya Drolia (supra) to a larger Bench of five learned Judges.

3. Mr. Arun Agarwal, learned counsel for the Opposite Parties submits that since he maintains the objection to the enforcement of the arbitration clause in the Memorandum of Understanding dated 1st September, 2011 on the ground that it is unregistered, this Court should await till the decision of the five-Judge Bench of the Supreme Court.

4. Mr. Kanungo, learned Senior Advocate appearing for the Petitioner does not dispute that the above issue has indeed been referred to a larger Bench of the Supreme Court by the decision in N.N. Global Merchantile Pvt. Ltd. (supra).

5. In that view of the matter, the present petition is adjourned sine die with liberty to the parties to mention it for listing after the decision of the five-Judge Bench of the Supreme Court.

( Dr. S. Muralidhar ) Chief Justice S.K.Jena/PA