Hindustan Antibiotics Limited vs Maharashtra Housing and Area Development Authority (Mhada) & Ors.

Court

Supreme Court of India

Date

4 October 2018

Case No.

Civil Appeal No. 10203 of 2018

Result

Disposed

Bench

Abhay Manohar Sapre, S. Abdul Nazeer

Citation

[2018] 12 S.C.R. 747 : 2018 INSC 934

Headnote

Arbitration: Dispute between a sick company and the Development Authority – Regarding the land owned by the Company – Writ petition by the Company seeking to resolve the dispute – High Court dismissed the petition holding that the appropriate remedy for the relief was a suit and not a writ petition – On appeal direction by Supreme Court to settle the dispute amicably – Amicable settlement failed – Request of the parties to refer the matter to sole Arbitrator – Held: Various disputes including the issue in the appeal, referred to sole Arbitrator – Sole Arbitrator appointed to decide the disputes – Appeal disposed of.

Oil and Natural Gas Commission and Anr. v. Collector of Central Excise (1995) Supp 4 SCC 541; Oil and Natural Gas Corpn. Ltd. vs. City & Industrial Development Corporation, Maharashtra Ltd. And Ors. (2007) 7 SCC 39 : [2007] 8 SCR 429 – referred to.

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is filed against the final judgment and order dated 06.07.2018 passed by the High Court of Judicature at Bombay in Writ Petition No. 5122 of 2018 whereby the High Court dismissed the Writ Petition filed by the appellant herein. 3. It is not necessary to set out the entire factual details except few one, which are necessary for the disposal of the appeal. 4. The appellant (Company) is a Government of India Undertaking, which is controlled and function under the Ministry of Chemicals and Ferti

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