AXON CONSTRUCTION PVT. LTD. Vs OM ASTHA CONSTRUCTION PVT. LTD. .
Bench: J. CHELAMESWAR,ABHAY MANOHAR SAPRE
Case number: SLP(C) No.-005430-005430 / 2016
Diary number: 5855 / 2016
Advocates: ANIRUDDHA P. MAYEE Vs
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Non-Reportable
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) NO.5430 /2016
Axon Construction Pvt. Ltd. Petitioner (s)
VERSUS
Om Astha Construction Pvt. Ltd. & Ors. Respondent(s)
O R D E R
1) This SLP is filed by defendant No. 1 of Title
Suit No. 789 of 2013 against the order dated
08.12.2015 passed by the Single Judge of the Patna
High Court in C.W.J.C. No. 10572 of 2015, which
in turn, arises out of the interim order dated
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04.01.2014 passed in Title Suit No. 789 of 2013
pending in the Court of sub-Judge VI, Patna.
2) By impugned order, the High Court declined to
entertain the petitioner’s writ petition filed under
Article 227 of the Constitution of India on the
ground that the order sought to be impugned in the
writ petition by the petitioner was an appealable
order under Order 43 Rule 1 of the Code of Civil
Procedure, 1908 and hence the writ petition is not
entertainable to examine the legality and
correctness of the interim order dated 04.01.2014.
3) Learned counsel for the petitioner, at the
outset, submitted that it may not be necessary for
this Court to go into the question as to whether the
view taken by the High Court while dismissing the
petitioner’s writ petition is correct or not and the
petitioner would be satisfied if this Court directs the
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trial Court (Sub-Judge VI, Patna) who is seized of
the application made by the petitioner under
Section 8 of the Arbitration Act in the
aforementioned suit and is also seized of the
injunction application to ensure their expeditious
disposal on merits in accordance with law because
no orders one way or other have so far been passed
since long causing inconvenience and injury to all
parties concern.
4) In our view, the prayer made by the petitioner
is reasonable and accordingly we dispose of this
special leave petition and direct the Sub-Judge VI,
Patna to decide the application made under Section
8 of the Arbitration Act in T.S. No 789 of 2013 and
the injunction application on their respective merit
in accordance with law after affording an
opportunity to the parties preferably within 6 weeks
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from the date of production of this order by the
petitioner uninfluenced by any of our observations.
5) Special Leave Petition stands accordingly
disposed of.
. ……...................................J.
[J. CHELAMESWAR]
………................. .................J.
[ABHAY MANOHAR SAPRE] New Delhi, February 29, 2016.
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