NUSSLI (SWITZERLAND) LTD Vs. ORGANIZING COMMIT. COMMONWEALTH GAM. 2010
LAWS(SC)-2012-4-67
SUPREME COURT OF INDIA
Decided on April 11,2012

Nussli (Switzerland) Ltd. Appellant
VERSUS
Organizing Commit. Commonwealth Gam. 2010 Respondents

JUDGEMENT

- (1.) I have heard the learned senior counsel for the parties. A bare perusal of the pleadings would indicate that issues raised herein are of significance to a large number of parties who were participants in the execution of various projects either prior to, during or after the Commonwealth Games, 2010.
(2.) It appears that the matter has already been brought before the Court in a petition Under Section 9 of The Arbitration and Conciliation Act, 1996 at the instance of the Petitioner.
(3.) It also becomes apparent from the perusal of the record that an agreed order has been passed between the parties in the aforesaid proceedings on 07.12.2011 by the High Court of Delhi, which reads as under: 1. This is a petition Under Section 9 of the Arbitration and Conciliation Act, 1996 for interim relief. On 29.06.2011 while issuing notice in the matter, this Court has passed the following order: In the meantime, the Respondent No. 2 will not remit the payment to the Respondent No. 1, if not already done till the next date of hearing. 2. Counsel for the Petitioner submits that Petitioner has filed a petition Under Section 11(6) and 12(3) of the Arbitration and Conciliation Act, before the Supreme Court of India, in which notice has been issued. This fact is not disputed by counsel for the Respondent who submits that time has been granted to the Respondent to file their reply. 3. Counsel for the parties submit that this petition may be disposed of with the following directions: (i) Interim order dated 29.06.2011 shall continue, subject to the condition that the Petitioner will keep the bank guarantee alive, till further orders to be passed by the arbitrator. (ii) Petitioner will file an application Under Section 17 of the Arbitration and Conciliation Act, 1996 before the arbitrator, within two weeks of the Arbitrator entering upon reference. (iii) Both the parties will request the arbitrator, to hear the application for interim relief, at the first instance. 4. In view of the above agreed directions, petition stands disposed of. I.A. Nos. 10147 and 48/2011 5. In view of the order passed in the O.M.P. No. 481/2011, applications stand dismissed.;


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