STATE TRADING CORPORATION OF INDIA LTD Vs. BURN STANDARD CO LTD
LAWS(DLH)-2007-5-174
HIGH COURT OF DELHI
Decided on May 29,2007

STATE TRADING CORPORATION OF INDIA LTD Appellant
VERSUS
BURN STANDARD CO. LTD Respondents

JUDGEMENT

SANJAY KISHAN KAUL, J. - (1.) This is an application seeking restoration of the main petition filed under Section 20 of the Indian Arbitration Act, 1940. The plaintiffs and defendant are both Government companies and in terms of the order dated 1.8.2001 the suit was dismissed on the ground that the parties are liable to settle their disputes through the mechanism provided in pursuance to the judgement of the Apex Court. The matter went to the High Power Committee but the Committee rejected the reference on the plea of the plaintiffs that the matter involved private parties.
(2.) On 17.4.2007 this aspect was examined and it was also considered appropriate to direct both the parties to file their affidavits explaining certain aspects as mentioned in the said order including in respect of proceedings stated to have been initiated for arbitration in the FICCI and the material available today for adjudication of the disputes since the original dispute pertains to the 1970s. No settlement has been possible. The defendant has filed the affidavit. The plaintiffs have failed to file the affidavit.
(3.) Be that as it may I deem it appropriate to allow the application and hear the main suit on merits.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.