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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL     APPEAL     NO.     6888         OF     2012   

(Arising out of SLP(C) No.29641/2008)

M/S. DOLPHIN INTERNATIONAL LTD.            Appellant(s)

                    :VERSUS:

M/S. V.O. TYAZHPROMEXPORT                  Respondent(s)

O     R     D     E     R   

Leave granted.

We have heard the learned counsel for the  

parties.  

It has been submitted by Mr. Hansaria,  

learned senior counsel appearing on behalf of the  

appellant that pursuant to the direction of this  

Court passed on 15.12.2009, 50% of the amount has  

already been deposited with the Registry of this  

Court and the remaining 50% amount, as claimed, has  

been secured by a Bank Guarantee of Canara Bank in  

favour of the Secretary General of this Court.  In  

that view of the matter, we are of the considered

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opinion that necessary orders are required to be  

passed by the Company Court relegating the parties  

to the remedy of civil suit/arbitration/mediation or  

any other remedy available to them in law.  

Consequently, the impugned order passed by  

the High Court is set aside and the Company Court is  

requested to pass necessary consequential orders as  

expeditiously as possible.  

With the aforementioned observation and  

direction, this appeal is disposed of.     

.....................J (SURINDER SINGH NIJJAR)

.....................J (H.L. GOKHALE)

New Delhi; September 21, 2012.