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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELATE JURISDICTION

CIVIL APPEAL NO. 9555 OF 2010

RAJENDRA KUMAR TEKRIWAL  APPELLANT                                           VERSUS

M/S UNIQUE CONSTRN.P.LTD.& ORS.    RESPONDENTS

    WITH

CIVIL APPEAL NO. 9556 OF 2010

J U D G M E N T KURIAN, J.

1.    Heard the learned counsel for the appellant and  learned counsel for respondents and interveners. Respondent  No. 1 has also filed cross appeal.  During the course of  hearing, we are informed that the Arbitrator is in seisin  of the disputes between the parties. Though the respondent  No.3 has raised some contentions before this Court that he  is not a necessary party before the Arbitrator, it is for  the Arbitrator to take a call on that submission, since he  is already before the Arbitrator.   2. The main appeal and cross appeal are dismissed.  The  interim order dated 25.02.2010 is vacated.

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3. We make it clear that it will be open to the parties  to raise all available contentions before the Arbitrator.  We  request  the  Arbitrator  to  conclude  the  proceedings  expeditiously preferably within a period of six months from  today.

4. In case any of the parties enter into any transaction  in the interregnum, it is made clear that sale proceeds  will  be  subject  to  the  outcome  of  the  arbitration  proceedings.

5. In  view  of  the  apprehension  expressed  by  learned  counsel for the appellant, we also make it clear that if  the appellant has any dispute with regard to the valuation  of any sale transaction, it will be open to him to take  appropriate action under law.

     ....................J.   [KURIAN JOSEPH]

.. ..................J.       [ROHINTON FALI NARIMAN]

NEW DELHI;  FEBRUARY 17, 2016

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