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Valvue Armaturen V.U. Beratung Gmbh&co Kg v. National Fertilizer Ltd. & Ors.

Supreme Court of India · 27 July 1998 · [1998] 3 S.C.R. 916

Court
Supreme Court of India
Decided
27 July 1998
Reported as
[1998] 3 S.C.R. 916
Result
Disposed of
Bench
A.S. Anand, D.P. Wadhwa
Length
2 pages
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PETITIONER:
VALVUE ARMATUREN V.U. BERATUNG GMBH&CO KG
Vs.
RESPONDENT:
NATIONAL FERTILIZER LTD. & ORS.
DATE OF JUDGMENT: 27/07/1998
BENCH:
A.S. ANAND, D.P. WADHWA

ACT

HEADNOTE

JUDGMENT

(with Appln (s). for exemption from filing c/c of the imnpugned Judgment) Date: 27/07/98 This Petition was called on for hearing today. SORAM:

Hon’ble Dr. Justice A.S. Anand

Hon’ble Mr. Justice D.P. Wadhwa For Petitioner (s)

Mr. Arun Jaitely, Sr. adv.,

Mr. Gpal Jain Adv.,

Mr.R.N. Karanjawala, adv.,

Ms. Nandini Gre, Ms. Seema Sapra,

Mrs. Manik Karanjawala, adv., For Respondent (s)

Upon hearing counsel the Court made the following

ORDER

Mr. Arun Jaitely, learned senior counsel appearing for the petitioner has drawn our attention to a judgement of this court in Dresser Rand, S.A. Vs. K.G. Khosla Compressors Ltd. & Ors (1995 Supp. (3) SCC 181) and in particular, to paragraph 2, which reads thus:

"2. In a matter of this nature

where question of amenability of a

dispute to internatinal arbitration

arise it is not proper to let loose

and keep at large orders of

injuction of this kind for unduly

long periods. It is inconsistent

with the principles governing

international arbitration. It is of

utmost importance for the domestic

courts to be circumspect in

granting such interlocutory

interdictions. At any rate, the

court must ensure that the a

matters are dealt with and disposed

of with utmost despatch. "

After hearing Mr. Jaitely and perusing the record, we are of the opinion that the issue relating to the vacation or continuance of the stay order, which had been obtained by the respondent in Suit N. 3737/91, as early as in 29.11.1991 and is still in peratin requires to be settled expeditiously. The issue has not been disposed of although almost seven years have elapsed. In the nature of the dispute pending before the Court, issue relating to interlocutory interdictions need to be disposed of with utmost despatch.

While not being inclined to interfere with an order adjourning the decisin of issue in excersie of our jurisdication under Article 136 of the Constitution of India, we, however, consider it appropriate to request the High Court to dispose of the issue concering the vacation or otherwise of the injunction expeditiously and as far as possible before 31.12.1998.

With these observatins, the special leave petition is disposed of.

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