(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Punjab State Cooperative Supplies and Marketing Federation Ltd. __________________________________________________ Appellant
v.
M/s. Mangla Solvex Pvt. Ltd., Dhuri & Anr. ___________ Respondent(s)
Civil Appeal No. 6011/2018 [arising out of SLP(C) No. 11014/2018], decided on July 4, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. Mr. Syed Hasan Isfahani, learned counsel submits that he has instructions to appear on behalf of the respondent no. 1. Liberty is granted to the learned counsel to file Vakalatnama.
3. Heard Mr. Himanshu Gupta, learned counsel appearing for the appellant and Mr. Syed Hasan Isfahani, learned counsel for the respondent no. 1.
4. The present appeal by special leave calls in question the legal acceptability of the order dated 5.4.2016 passed by the learned Single Judge of the Punjab & Haryana High Court at Chandigarh in FAO No. 3352/2008 (O&M), whereby the learned Single Judge had remitted the matter back to the Court of first instance, i.e. the District Judge, Sangrur where the application under Section 34 of the Arbitration and Conciliation Act, 1996 was pending for consideration. While remanding the matter back, the learned Single Judge, as the order will reveal, had opined that the award of the Arbitrator was required to be modified to the extent of element of interest, and thereafter, held the interest to be at the rate of 9% per annum commencing from the date of claim till adjustment, in case the miller succeeded in getting the award in his favour.
5. In our considered opinion, when the proceedings under Section 34 were pending before the Court of first instance, the High Court ought to have remanded on the issue that had travelled to it for consideration, but definitely it could not have expressed an opinion and directed that the rate of interest will be 9% per annum. Further, it could not have fixed a date.
6. In view of the aforesaid, we allow the appeal, set aside the impugned order and direct the concerned District Judge, to decide the application preferred under Section 34 of the Arbitration and Conciliation Act, 1996 within a period of three months from today, and report compliance to the Registry of this Court. There shall be no order as to costs.
Petition for Special Leave to Appeal (C) No. 11014/2018
Punjab State Cooperative Supplies and Marketing Federation Ltd. __________________________________________________ Petitioner
v.
M/s. Mangla Solvex Pvt. Ltd., Dhuri & Anr ___________ Respondent(s)
Date : 04-07-2018 This matter was called on for hearing today.
(Before Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
For Petitioner Mr. Himanshu Gupta, Adv.
Mr. Anil Kumar Tandale, AOR
For Respondents
Mr. Syed Hasan Isfahani, Adv.
Mr. Rohit Kumar Singh, Adv.
Mr. Parveez Zaidi, Adv.
Mr. Vikas Yadav, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeal is allowed in terms of the signed order.
9. Pending interlocutory applications, if any, shall stand disposed of.
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