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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 10121  OF 2013

(Arising out of SLP(C) No.18213/2012)

NATIONAL AGR.CO-OP. M.F.O.I.LTD. (NAFED)    Appellant(s)

                    :VERSUS:

M/S. EARTHTECH ENTERPRISES LTD.             Respondent(s)

O R D E R

Leave granted.

2. Heard Mr. T.K. Ganju, learned senior counsel  

in support of this appeal and Mr. Manish Gandhi,  

learned counsel appearing for the respondent.  This  

appeal seeks to challenge the order dated 17.11.2011  

passed by the Division Bench of the Delhi High Court  

whereby the Division Bench has set aside the order  

dated 8.4.2011 passed by the learned Single Judge in  

O.M.P. No. 276/2011 and I.A. Nos. 5785-86/2011.  

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3. The  proceeding  before  the  learned  Single  

Judge was an objection by the respondent herein to  

the interim award rendered by the Arbitrator. The  

Arbitrator  had  rendered  an  interim  award  on  

24.1.2011  directing  the  respondent  herein  to  pay  

Rs.90 crores to the appellant herein. That was on  

the basis of an earlier order of the Division Bench  

of the Delhi High Court dated 1st July, 2009 read  

with order dated 22nd May, 2009. The earlier order of  

the  Division  Bench  had  recorded  that  the  

respondent's liability to the extent of Rs.90 crores  

was  totally  undeniable.  The  respondent  had  not  

challenged that order. That being so, no fault could  

be found with the interim award of the Arbitrator  

directing the respondent to pay Rs.90 crores to the  

appellant.  Learned  Single  Judge  was,  therefore,  

right in rejecting the objection to the award.  The  

Division Bench had no reason to interfere therewith.  

4. In  the  circumstances,  for  the  reasons  

mentioned above, the impugned order passed by the  

Division  Bench  is  set  aside,  the  order  of  the

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learned Single Judge is restored and the appeal is  

allowed accordingly. In the facts and circumstances  

of this case, there  shall be no order as to costs.  

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

.........................J  (J. CHELAMESWAR)

New Delhi; November 11, 2013.