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SLP(C) 16843-46/18
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ITEM NO.19 COURT NO.1 SECTION XII

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) Nos.16843-16846/2018

(Arising out of impugned final judgment and order dated 22-03-2018

in OSA No. 220/2017 22-03-2018 in OSA No. 221/2017 22-03-2018 in
OSA No. 254/2017 22-03-2018 in OSA No. 255/2017 passed by the High
Court of Judicature at Madras)

R. SATHYAMURTHY Petitioner(s)

VERSUS

R. KRISHNAMURTHY & ORS. Respondent(s)

(With appln.(s) for interim relief)

Date : 27-07-2018 These petitions were called on for hearing today.

CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

For Petitioner(s) Mr. C.A. Sundaram, Sr. Adv.

Mr. Siddhartha, Adv.
Mr. Prasad Vijaykumar, Adv.
Ms. Pooja Dhar, AOR

For Respondent(s) Mr. Mukul Rohatgi, Sr. Adv.

Mr. Subbiah Elambharathi, Adv.
Ms. Misha Rohatgi, AOR
Mr. M. Thangathurai, Adv.
Mr. S. Nakul Mohta, Adv.

UPON hearing the counsel the Court made the following

O R D E R
Signature Not Verified

Digitally signed by
CHETAN KUMAR
Date: 2018.07.27
Heard Mr. C.A. Sundaram, learned senior counsel for
15:54:06 IST
Reason:
the petitioner and Mr. Mukul Rohatgi, learned senior counsel
for the respondents.
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SLP(C) 16843-46/18
2

Having perused the impugned order passed by the

Division Bench of the High Court, we are of the considered
opinion that the High Court should have imposed heavy costs
for condoning the delay. In our considered opinion, the costs
should be assessed at Rs.75,00,000/- (Rupees seventy-five
lakhs only), to be paid by the respondent to the petitioner
within a week hence. After the costs is paid, the learned
Single Judge shall take up the application filed under
Section 34 of the Arbitration and Conciliation Act,1996. If
the costs is not paid within the stipulated time, needless to
say, the order passed by the learned Single Judge rejecting
the condonation of delay shall stand revived. Needless to
say, if the costs is paid, the learned Single Judge shall
proceed and finalize the matter within a span of one month
from the date of the deposit of the costs.

The special leave petitions are, accordingly,

disposed of.

(Chetan Kumar) (H.S. Parasher)

A.R.-cum-P.S. Assistant Registrar