NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.               OF 2008 [Arising out of SLP(C) No.8032/2007]

M/s.National Projects Construction Corpn.Ltd. … Appellant

Versus

M/s.Sadhu Singh & Company … Respondent

O R D E R

1. Heard learned counsel for the parties.

2. Leave granted.

3. After  some  arguments  both  Mr.  A.  Sharan,  Additional  Solicitor

General representing the appellant and Mr. Ashok Grover, Senior Counsel

appearing for the respondent, on instructions received from their respective

clients, agreed that the appeal may be disposed of in the following terms

expressly consented to by both sides :

(i) The order dated 19 April, 2007 passed by a Division Bench of

the Delhi High Court in FAO (OS) No.67/2007 and the order

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dated 18 December, 2006 passed by a learned Single Judge of

the Court in I.A.No.2654/1997 and C.S.(OS) No.27-A/1997 are

set aside and it is directed that the proceedings in connection

with  the  award  dated  30  October,  1996  made by Mr.  K.  B.

Thite, retired Chief Engineer, Central Water Commission shall

stand abated as not maintainable before the Delhi High Court.

(ii) The Registry of the Delhi High Court  shall  return the award

dated 30 October, 1996 made by Mr. K.B.Thite, retired Chief

Engineer,  Central  Water  Commission  and  submitted  by  the

Arbitrator before the court, to the respondent within a fortnight

from the receipt of a copy of this order.

(iii) It will be open to the respondent to file the award for making it

a rule of the court in the Himachal Pradesh High Court where it

had earlier filed as C.S.No.45/1989 under Sections 8 and 20 of

the Indian Arbitration Act,  1940 within four weeks from the

date it receives it from the Registry of the Delhi High Court.

The Respondent shall intimate the date of filing of the award in

the Himachal Pradesh High Court to the appellant within one

week of the filing of the award.

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4. The parties may file before the Himachal Pradesh High Court copies

of their respective pleadings already filed before the Delhi High Court as

also any additional pleadings within six weeks from the date of the filing of

the award in that Court.

5. Mr. Sharan undertakes that the appellant shall not raise any objection

before the Himachal Pradesh High Court on grounds of limitation. Having

regard  to  the  facts  and circumstances  of  the  case  the  delay in  filing  the

award before the Himachal Pradesh High Court is condoned; the High Court

shall  consider  the  case  of  the  parties  on  merits  and  pass  final  orders

accordingly.   

6.    The Himachal Pradesh High Court is requested to dispose of the

matter as early as possible and preferably not later than nine months from

the date of the filing of the award before it.

7. The appeal stands disposed of in the above terms.

………………………..J.

[Tarun Chatterjee]  

………………………..J.

[Aftab Alam]

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New Delhi,

July 24, 2008.  

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