STATE TRADING CORPORATION OF INDIA LTD Vs. BURN STANDARD CO LTD
HIGH COURT OF DELHI
STATE TRADING CORPORATION OF INDIA LTD
BURN STANDARD CO. LTD
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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
(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.;
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